6 New York opinions name it 2 courts 1876–2018 0 in the last five years
The cases below were cited by New York 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.
| Case | Followed | Cited |
|---|---|---|
Hassig v. Hassiggreen1 sentence2018Supreme Court erred by commencing the hearing without first ascertaining that the father was unequivocally waiving his right to counsel and, if so, conducting an inquiry into whether that waiver was knowingly, intelligently and voluntarily made ( see Matter of Madison County Support Collection Unit v Feketa , 112 AD3d at 1093 ; Matter of Clark v Clark , 101 AD3d at 1395-1396 ; Matter of Hassig v Hassig , 34 AD3d 1089, 1091 [2006]). | 1 | 1 |
Fassett v. . Smithgreen1 sentence1876(Coleman v. Barklew, 3 Dutch, 357 ; Mc Mechan v. Griffing, 3 Pick, 149 ; Holmes v. Stout, 10 N. J., Eq., 419; see also, Fassett v. Smith, 23 N. Y., 252 .) It cannot be said, either upon the cautious findings of the learned judge or upon the evidence, that the respondent was the open, actual occupant of the houses, either by himself or by tenants, or that there were any open, visible acts of ownership, by the respondent, of the mortgaged premises, which the public or third persons would be likely to notice, or which would suggest an inquiry into his claim, or which would evince bad faith or gro | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Holloway v. Arkansas
green
2 sentences2012Indeed, while the United States Supreme Court has noted, in the context of multiple client conflicts, that “an inquiry into a claim of harmless error . . . would require, unlike most cases, unguided speculation” (Holloway v Arkansas, 435 US at 491 ; see United States v DeFalco, 644 F2d at 137), it has been recognized that even “greater difficulty is presented where the conflict does not focus on a specific tactic or outcome, as where counsel ... is the subject of an ongoing investigation” (3 Wayne R. 2012Indeed, while the United States Supreme Court has noted, in the context of multiple client conflicts, that “an inquiry into a claim of harmless error . . . would require, unlike most cases, unguided speculation” (Holloway v Arkansas, 435 US at 491 ; see United States v DeFalco, 644 F2d at 137), it has been recognized that even “greater difficulty is presented where the conflict does not focus on a specific tactic or outcome, as where counsel ... is the subject of an ongoing investigation” (3 Wayne R. | 2 | 2012–2012 |
Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian Church
green
2 sentences2006The Court held, however, that “[t]he first type of trust must be rejected where it leaves the courts in the position of determining what the original principles of the church were—the inquiry into doctrine precluded by Presbyterian Church v Hull Church ( 393 US 440 , supra) and earlier State decisions” (First Presbyt. 1984The first type of trust must be rejected where it leaves the courts in the position of determining what the original principles of the church were — the inquiry into doctrine precluded by Presbyterian Church v Hull Church ( 393 US 440 , supra) and earlier State decisions (see Gram v Prussia Emigrated Evangelical Lutheran German Soc., 36 NY 161 ; Petty v Tooker, 21 NY 267 ; Robertson v Bullions, 11 NY 243 ; see Tribe, American Constitutional Law, § 14-12, pp 872-875). | 2 | 1984–2006 |
Clark v. Clark
green
1 sentence2018Supreme Court erred by commencing the hearing without first ascertaining that the father was unequivocally waiving his right to counsel and, if so, conducting an inquiry into whether that waiver was knowingly, intelligently and voluntarily made ( see Matter of Madison County Support Collection Unit v Feketa , 112 AD3d at 1093 ; Matter of Clark v Clark , 101 AD3d at 1395-1396 ; Matter of Hassig v Hassig , 34 AD3d 1089, 1091 [2006]). | 1 | 2018–2018 |
Madison County Support Collection Unit v. Feketa
green
1 sentence2018Supreme Court erred by commencing the hearing without first ascertaining that the father was unequivocally waiving his right to counsel and, if so, conducting an inquiry into whether that waiver was knowingly, intelligently and voluntarily made ( see Matter of Madison County Support Collection Unit v Feketa , 112 AD3d at 1093 ; Matter of Clark v Clark , 101 AD3d at 1395-1396 ; Matter of Hassig v Hassig , 34 AD3d 1089, 1091 [2006]). | 1 | 2018–2018 |
Robertson v. . Bullions
green
1 sentence1984The first type of trust must be rejected where it leaves the courts in the position of determining what the original principles of the church were — the inquiry into doctrine precluded by Presbyterian Church v Hull Church ( 393 US 440 , supra) and earlier State decisions (see Gram v Prussia Emigrated Evangelical Lutheran German Soc., 36 NY 161 ; Petty v Tooker, 21 NY 267 ; Robertson v Bullions, 11 NY 243 ; see Tribe, American Constitutional Law, § 14-12, pp 872-875). | 1 | 1984–1984 |
Petty v. . Tooker
neutral
1 sentence1984The first type of trust must be rejected where it leaves the courts in the position of determining what the original principles of the church were — the inquiry into doctrine precluded by Presbyterian Church v Hull Church ( 393 US 440 , supra) and earlier State decisions (see Gram v Prussia Emigrated Evangelical Lutheran German Soc., 36 NY 161 ; Petty v Tooker, 21 NY 267 ; Robertson v Bullions, 11 NY 243 ; see Tribe, American Constitutional Law, § 14-12, pp 872-875). | 1 | 1984–1984 |
Gram v. Prussia Emigrated Evangelical Lutheran German Society
neutral
1 sentence1984The first type of trust must be rejected where it leaves the courts in the position of determining what the original principles of the church were — the inquiry into doctrine precluded by Presbyterian Church v Hull Church ( 393 US 440 , supra) and earlier State decisions (see Gram v Prussia Emigrated Evangelical Lutheran German Soc., 36 NY 161 ; Petty v Tooker, 21 NY 267 ; Robertson v Bullions, 11 NY 243 ; see Tribe, American Constitutional Law, § 14-12, pp 872-875). | 1 | 1984–1984 |
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.