right to an evidentiary hearing (Minnesota) · Go Syfert
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right to an evidentiary hearing in Minnesota

6 Minnesota opinions name it 2 courts 1966–2017 0 in the last five years

The cases below were cited by Minnesota 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 (5)

CaseFollowedCited
Jason Donald Matakis v. State of Minnesotagreen
minn · 2015 · cited in 1 Minnesota opinions naming this issue, 2017–2017
1 sentence

2017Id. at 34, 40 .

11
State, by Peterson v. Andersongreen
minn · 1945 · cited in 1 Minnesota opinions naming this issue, 1989–1989
2 sentences

1989See, e.g., City of Duluth v. State, 390 N.W.2d 757, 762 (Minn.1986); City of Minneapolis v. Wurtele, 291 N.W.2d 386, 389 (Minn.1980); State v. Anderson, 220 Minn. 139, 146 , 19 N.W.2d 70, 74 (Minn.1945).

1989See, e.g., City of Duluth v. State, 390 N.W.2d 757, 762 (Minn.1986); City of Minneapolis v. Wurtele, 291 N.W.2d 386, 389 (Minn.1980); State v. Anderson, 220 Minn. 139, 146 , 19 N.W.2d 70, 74 (Minn.1945).

11
City of Minneapolis v. Wurtelegreen
minn · 1980 · cited in 1 Minnesota opinions naming this issue, 1989–1989
1 sentence

1989See, e.g., City of Duluth v. State, 390 N.W.2d 757, 762 (Minn.1986); City of Minneapolis v. Wurtele, 291 N.W.2d 386, 389 (Minn.1980); State v. Anderson, 220 Minn. 139, 146 , 19 N.W.2d 70, 74 (Minn.1945).

11
City of Duluth v. Stategreen
minn · 1986 · cited in 1 Minnesota opinions naming this issue, 1989–1989
1 sentence

1989See, e.g., City of Duluth v. State, 390 N.W.2d 757, 762 (Minn.1986); City of Minneapolis v. Wurtele, 291 N.W.2d 386, 389 (Minn.1980); State v. Anderson, 220 Minn. 139, 146 , 19 N.W.2d 70, 74 (Minn.1945).

11
Auge v. Augered
minn · 1983 · cited in 1 Minnesota opinions naming this issue, 1984–1984
2 sentences

1984In Auge v. Auge, 334 N.W.2d 393 (Minn.1983) the Minnesota Supreme Court discussed the right to an evidentiary hearing where a custodial parent petitions the court for permission to move a child to another state.

1984The Auge court noted that “denial of permission to remove would effect a change of custody in many cases,” Id., at 397 (emphasis supplied), since if a custodial parent moves out of the state without being allowed to take the child, physical custody would in effect be changed to the non-custodial parent.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Marriage of Nice-Petersen v. Nice-Petersen green
minn · 1981
1 sentence

1984She contends that this is an implicit finding that Chad was in Morey’s custody. 2 As she asserts, change of custody can be denied without a hearing when a prima facie case for change is not shown in affidavits, Nice-Petersen v. Nice-Petersen, 310 N.W.2d 471 (Minn.1981), and Minn.Stat. § 518.18 (1982) establishes a narrow standard for modification. 3 We agree with appellant that there has been no prior adjudication of Chad Morey’s custody and hold that as a matter of law, under the facts of this case, Gilbert Peppin has a right to an evidentiary hearing on the question of the award of custody t

11984–1984
Marriage of Hummel v. Hummel green
minn · 1981
2 sentences

1984In Hummel v. Hummel, 304 N.W.2d 19 (Minn.1981), the supreme court found no waiver where, after a motion for change of custody, [e]ach party filed affidavits in support of the respective motions and both parties’ counsel presented unrecorded oral arguments on the custody and contempt issues. 304 N.W.2d at 20 .

1984In Hummel v. Hummel, 304 N.W.2d 19 (Minn.1981), the supreme court found no waiver where, after a motion for change of custody, [e]ach party filed affidavits in support of the respective motions and both parties’ counsel presented unrecorded oral arguments on the custody and contempt issues. 304 N.W.2d at 20 .

11984–1984
State v. DeCloux green
minn · 1965
2 sentences

1966In State v. DeCloux, 272 Minn. 94 , 136 N. W. (2d) 657 , we remanded to the district court, for further consideration in the light of our Dinneen decision, a claim that perjured testimony had been given by two codefendants at the petitioner’s trial.

1966In State v. DeCloux, 272 Minn. 94 , 136 N. W. (2d) 657 , we remanded to the district court, for further consideration in the light of our Dinneen decision, a claim that perjured testimony had been given by two codefendants at the petitioner’s trial.

11966–1966
State Ex Rel. Becker v. Tahash neutral
minn · 1963
2 sentences

1966Becker v. Tahash, 265 Minn. 458 , 122 N. W. (2d) 100 , certiorari denied, 375 U. S. 875 , 84 S. Ct. 167 , 11 L. ed. (2d) 121. 4 In that case the petitioner claimed in an application for a writ of habeas corpus that he had been denied due process of law in that he was induced to enter a plea of guilty by the misrepresentations and threats of the prosecuting attorney that petitioner would be charged as a habitual offender if he pleaded not guilty, but would not be so charged if he pleaded guilty.

1966Becker v. Tahash, 265 Minn. 458 , 122 N. W. (2d) 100 , certiorari denied, 375 U. S. 875 , 84 S. Ct. 167 , 11 L. ed. (2d) 121. 4 In that case the petitioner claimed in an application for a writ of habeas corpus that he had been denied due process of law in that he was induced to enter a plea of guilty by the misrepresentations and threats of the prosecuting attorney that petitioner would be charged as a habitual offender if he pleaded not guilty, but would not be so charged if he pleaded guilty.

11966–1966
Reynolds v. Sims neutral
scotus · 1963
1 sentence

1966Becker v. Tahash, 265 Minn. 458 , 122 N. W. (2d) 100 , certiorari denied, 375 U. S. 875 , 84 S. Ct. 167 , 11 L. ed. (2d) 121. 4 In that case the petitioner claimed in an application for a writ of habeas corpus that he had been denied due process of law in that he was induced to enter a plea of guilty by the misrepresentations and threats of the prosecuting attorney that petitioner would be charged as a habitual offender if he pleaded not guilty, but would not be so charged if he pleaded guilty.

11966–1966
Smith & Co. v. Southern Ry. green
sc · 1909
1 sentence

1966Becker v. Tahash, 265 Minn. 458 , 122 N. W. (2d) 100 , certiorari denied, 375 U. S. 875 , 84 S. Ct. 167 , 11 L. ed. (2d) 121. 4 In that case the petitioner claimed in an application for a writ of habeas corpus that he had been denied due process of law in that he was induced to enter a plea of guilty by the misrepresentations and threats of the prosecuting attorney that petitioner would be charged as a habitual offender if he pleaded not guilty, but would not be so charged if he pleaded guilty.

11966–1966

Where else courts name it

PA 105 (1979–2026) CA 45 (1970–2026) OH 30 (1997–2026) IL 23 (1970–2026) TX 19 (1969–2017) GA 12 (2003–2021) WI 10 (1992–2022) TN 10 (1970–2024) CT 9 (1991–2019) MS 8 (2007–2024) MT 8 (2003–2025) FL 8 (1992–2022) MI 8 (1981–2024) DC 6 (1991–2019) MN 6 (1966–2017) AK 6 (2009–2022) AL 5 (1994–2005) CO 5 (1987–2025) IN 4 (1991–2019) WV 4 (1978–1990) NY 4 (1973–1998) MA 4 (1992–2019) MO 3 (1980–2011) AZ 3 (2016–2026) NH 3 (2007–2021) NJ 3 (1981–2022) LA 3 (1985–2009) NV 3 (1974–2020) KS 3 (1965–1967) RI 2 (2009–2017) OK 2 (1994–1994) MD 2 (1996–2000)

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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