showing of manifest error (New York) · Go Syfert
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showing of manifest error in New York

6 New York opinions name it 2 courts 2013–2024 2 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.

Followed or applied (9)

CaseFollowedCited
People v. Boonegreen
nyappdiv · 2011 · cited in 3 New York opinions naming this issue, 2013–2015
2 sentences

2015That determination “constitutes the law of the case, and, absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine, the defendant is precluded from having this issue reconsidered” (People v Martinez, 194 AD2d 741, 741-742 [1993] [internal quotation marks omitted]; see People v Boone, 84 AD3d 1108, 1109 [2011]).

2013That determination “constitutes the law of the case, and, absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine, the defendant is precluded from having this issue reconsidered” (People v Martinez, 194 AD2d 741, 741-742 [1993] [internal quotation marks omitted]; see People v Boone, 84 AD3d 1108, 1109 [2011]; People v Riley, 22 AD3d 609, 610 [2005]).

33
People v. Martinezgreen
nyappdiv · 1993 · cited in 3 New York opinions naming this issue, 2013–2015
2 sentences

2015That determination “constitutes the law of the case, and, absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine, the defendant is precluded from having this issue reconsidered” (People v Martinez, 194 AD2d 741, 741-742 [1993] [internal quotation marks omitted]; see People v Boone, 84 AD3d 1108, 1109 [2011]).

2013That determination “constitutes the law of the case, and, absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine, the defendant is precluded from having this issue reconsidered” (People v Martinez, 194 AD2d 741, 741-742 [1993] [internal quotation marks omitted]; see People v Boone, 84 AD3d 1108, 1109 [2011]; People v Riley, 22 AD3d 609, 610 [2005]).

33
People v. Bakergreen
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024The defense acknowledges "there is a 'law of the case doctrine' that typically should be followed" (Defense Memo at 7). [FN4] The defense also concedes that "when an issue is once judicially determined, that should be the end of the matter as far as Judges and courts of co-ordinate jurisdiction are concerned" "absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine" ( Matter of Koegel , 184 AD3d 764, 765 [2d Dept 2020], affd sub nom Anderson v Anderson , 37 NY3d 444 [2021], quoting Martin v City of

2024The defense acknowledges "there is a 'law of the case doctrine' that typically should be followed" (Defense Memo at 7). [FN4] The defense also concedes that "when an issue is once judicially determined, that should be the end of the matter as far as Judges and courts of co-ordinate jurisdiction are concerned" "absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine" ( Matter of Koegel , 184 AD3d 764, 765 [2d Dept 2020], affd sub nom Anderson v Anderson , 37 NY3d 444 [2021], quoting Martin v City of

22
Martin v. City of Cohoesgreen
ny · 1975 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024The defense acknowledges "there is a 'law of the case doctrine' that typically should be followed" (Defense Memo at 7). [FN4] The defense also concedes that "when an issue is once judicially determined, that should be the end of the matter as far as Judges and courts of co-ordinate jurisdiction are concerned" "absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine" ( Matter of Koegel , 184 AD3d 764, 765 [2d Dept 2020], affd sub nom Anderson v Anderson , 37 NY3d 444 [2021], quoting Martin v City of

2024The defense acknowledges "there is a 'law of the case doctrine' that typically should be followed" (Defense Memo at 7). [FN4] The defense also concedes that "when an issue is once judicially determined, that should be the end of the matter as far as Judges and courts of co-ordinate jurisdiction are concerned" "absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine" ( Matter of Koegel , 184 AD3d 764, 765 [2d Dept 2020], affd sub nom Anderson v Anderson , 37 NY3d 444 [2021], quoting Martin v City of

22
Matter of Koegelgreen
nyappdiv · 2020 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024The defense acknowledges "there is a 'law of the case doctrine' that typically should be followed" (Defense Memo at 7). [FN4] The defense also concedes that "when an issue is once judicially determined, that should be the end of the matter as far as Judges and courts of co-ordinate jurisdiction are concerned" "absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine" ( Matter of Koegel , 184 AD3d 764, 765 [2d Dept 2020], affd sub nom Anderson v Anderson , 37 NY3d 444 [2021], quoting Martin v City of

2024The defense acknowledges "there is a 'law of the case doctrine' that typically should be followed" (Defense Memo at 7). [FN4] The defense also concedes that "when an issue is once judicially determined, that should be the end of the matter as far as Judges and courts of co-ordinate jurisdiction are concerned" "absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine" ( Matter of Koegel , 184 AD3d 764, 765 [2d Dept 2020], affd sub nom Anderson v Anderson , 37 NY3d 444 [2021], quoting Martin v City of

22
People v. Rileygreen
nyappdiv · 2005 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013That determination “constitutes the law of the case, and, absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine, the defendant is precluded from having this issue reconsidered” (People v Martinez, 194 AD2d 741, 741-742 [1993] [internal quotation marks omitted]; see People v Boone, 84 AD3d 1108, 1109 [2011]; People v Riley, 22 AD3d 609, 610 [2005]).

2013That determination “constitutes the law of the case, and, absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine, the defendant is precluded from having this issue reconsidered” (People v Martinez, 194 AD2d 741, 741-742 [1993] [internal quotation marks omitted]; see People v Boone, 84 AD3d 1108, 1109 [2011]; People v Riley, 22 AD3d 609, 610 [2005]).

22
People v. Breazilgreen
nyappdiv · 2013 · cited in 2 New York opinions naming this issue, 2015–2020
2 sentences

2020Our determination on the prior appeal, however, "constitutes the law of the case, and, absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine, . . . defendant is precluded from having this issue reconsidered" ( People v Breazil , 110 AD3d 913 , 913 [2d Dept 2013], lv denied 22 NY3d 1039 [2013] [internal quotation marks omitted]; see People v Wells , 93 AD3d 1172, 1173 [4th Dept 2012]; see generally People v Evans , 94 NY2d 499, 502-503 [2000], rearg denied 96 NY2d 755 [2001]).

2020Defendant has made no such showing here ( see Breazil , 110 AD3d at 913; Wells , 93 AD3d at 1173 ).

12
People v. Evansgreen
ny · 2000 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020Our determination on the prior appeal, however, "constitutes the law of the case, and, absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine, . . . defendant is precluded from having this issue reconsidered" ( People v Breazil , 110 AD3d 913 , 913 [2d Dept 2013], lv denied 22 NY3d 1039 [2013] [internal quotation marks omitted]; see People v Wells , 93 AD3d 1172, 1173 [4th Dept 2012]; see generally People v Evans , 94 NY2d 499, 502-503 [2000], rearg denied 96 NY2d 755 [2001]).

11
People v. Whitmergreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2020–2020
2 sentences

2020Our determination on the prior appeal, however, "constitutes the law of the case, and, absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine, . . . defendant is precluded from having this issue reconsidered" ( People v Breazil , 110 AD3d 913 , 913 [2d Dept 2013], lv denied 22 NY3d 1039 [2013] [internal quotation marks omitted]; see People v Wells , 93 AD3d 1172, 1173 [4th Dept 2012]; see generally People v Evans , 94 NY2d 499, 502-503 [2000], rearg denied 96 NY2d 755 [2001]).

2020Defendant has made no such showing here ( see Breazil , 110 AD3d at 913; Wells , 93 AD3d at 1173 ).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
People v. Antoine green
ny · 2016
2 sentences

2024The defense acknowledges "there is a 'law of the case doctrine' that typically should be followed" (Defense Memo at 7). [FN4] The defense also concedes that "when an issue is once judicially determined, that should be the end of the matter as far as Judges and courts of co-ordinate jurisdiction are concerned" "absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine" ( Matter of Koegel , 184 AD3d 764, 765 [2d Dept 2020], affd sub nom Anderson v Anderson , 37 NY3d 444 [2021], quoting Martin v City of

2024The defense acknowledges "there is a 'law of the case doctrine' that typically should be followed" (Defense Memo at 7). [FN4] The defense also concedes that "when an issue is once judicially determined, that should be the end of the matter as far as Judges and courts of co-ordinate jurisdiction are concerned" "absent a showing of manifest error in the prior decision or that exceptional circumstances exist warranting departure from the law of the case doctrine" ( Matter of Koegel , 184 AD3d 764, 765 [2d Dept 2020], affd sub nom Anderson v Anderson , 37 NY3d 444 [2021], quoting Martin v City of

22024–2024
People v. Oliver green
nyappdiv · 2011
1 sentence

2015Under the circumstances of this case, there is no basis to reconsider that issue (see People v Breazil, 110 AD3d 913 [2013]; People v Oliver, 82 AD3d 1267 [2011]).

12015–2015

Where else courts name it

LA 367 (1939–2022) VA 59 (1985–2026) MS 11 (1979–2016) FL 6 (2000–2006) NY 6 (2013–2024) WA 3 (1976–2018)

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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