third element inquiry (Idaho) · Go Syfert
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third element inquiry in Idaho

6 Idaho opinions name it 2 courts 1995–2020 0 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State v. Sivakgreen
idaho · 1995 · cited in 2 Idaho opinions naming this issue, 1997–1998
2 sentences

1998See State v. Sivak, 127 Idaho 387, 393 , 901 P.2d 494, 500 (1995); State v. Fields, 127 Idaho 904 , 908 P.2d 1211 (1995).

1998See State v. Sivak, 127 Idaho 387, 393 , 901 P.2d 494, 500 (1995); State v. Fields, 127 Idaho 904 , 908 P.2d 1211 (1995).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Ticor Title Co. v. Stanion green
idaho · 2007
2 sentences

2020Ticor, 144 Idaho at 126 .

2020Ticor, 144 Idaho at 126 , 157 P.3d at 620 .

22020–2020
State v. Fields green
idaho · 1995
2 sentences

1995As to the third element of our inquiry, we have had the opportunity to review the ex-cessiveness requirement in light of the recent amendment to I.C. § 19-2827(e)(3) in State v. Fields, 127 Idaho 904 , 908 P.2d 1211 (1995) 1995 WL 61994 .

1995As to the third element of our inquiry, we have had the opportunity to review the ex-cessiveness requirement in light of the recent amendment to I.C. § 19-2827(e)(3) in State v. Fields, 127 Idaho 904 , 908 P.2d 1211 (1995) 1995 WL 61994 .

21995–1998
State v. Lawrence green
idahoctapp · 1986
2 sentences

2007Subsequently, in a footnote, this Court indicated that the third element of the test, “[t]hat the party seeking the new trial was taken by surprise when the false testimony was given and was unable to meet it or did not know of its falsity until after the trial,” requires “that a defendant be diligent in determining whether false testimony will be presented and in offering any available evidence to rebut it.” State v. Lawrence, 112 Idaho 149 , 152 n. 2, 730 P.2d 1069 , 1072 n. 2 (Ct.App.1986) (citing Larrison, 24 F.2d at 88 ).

2007Subsequently, in a footnote, this Court indicated that the third element of the test, “[t]hat the party seeking the new trial was taken by surprise when the false testimony was given and was unable to meet it or did not know of its falsity until after the trial,” requires “that a defendant be diligent in determining whether false testimony will be presented and in offering any available evidence to rebut it.” State v. Lawrence, 112 Idaho 149 , 152 n. 2, 730 P.2d 1069 , 1072 n. 2 (Ct.App.1986) (citing Larrison, 24 F.2d at 88 ).

12007–2007
Larrison v. United States red
ca7 · 1928
1 sentence

2007Subsequently, in a footnote, this Court indicated that the third element of the test, “[t]hat the party seeking the new trial was taken by surprise when the false testimony was given and was unable to meet it or did not know of its falsity until after the trial,” requires “that a defendant be diligent in determining whether false testimony will be presented and in offering any available evidence to rebut it.” State v. Lawrence, 112 Idaho 149 , 152 n. 2, 730 P.2d 1069 , 1072 n. 2 (Ct.App.1986) (citing Larrison, 24 F.2d at 88 ).

12007–2007

Statutes the citing opinions construe

ID § Idaho Code § 19-2515 (3) ID § Idaho Code § 19-2827 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 36 (1990–2026) CA 25 (1953–2026) OH 14 (1997–2022) WI 13 (1974–2024) IL 10 (1985–2026) NC 9 (1990–2019) WA 9 (2007–2025) ME 6 (1992–2021) ID 6 (1995–2020) MI 6 (1989–2025) MN 6 (1992–2025) NY 6 (1973–2024) OR 5 (1999–2025) IA 4 (1980–2023) OK 4 (2005–2021) MD 4 (1969–2026) PA 4 (1983–2025) CT 4 (1995–2021) UT 4 (1983–2024) NJ 4 (1984–2021) GA 4 (1990–2026) NM 4 (2013–2013) CO 4 (1998–2025) FL 3 (1988–2003) KY 3 (2021–2025) SD 2 (2010–2026) WY 2 (2012–2016) HI 2 (1995–1995) MO 2 (1994–2007) AR 2 (1990–1996) NE 2 (1993–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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