offered instruction (Wyoming) · Go Syfert
← Wyoming issues

offered instruction in Wyoming

47 Wyoming opinions name it 1 courts 1968–2025 6 in the last five years

The cases below were cited by Wyoming 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 (26)

CaseFollowedCited
Cody J. Tingey v. Stategreen
wyo · 2017 · cited in 6 Wyoming opinions naming this issue, 2017–2021
2 sentences

2021See also, Tingey v. State, 2017 WY 5, ¶ 27 , 387 P.3d 1170, 1178 (Wyo. 2017) (“The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.”).

2021See also, Tingey v. State, 2017 WY 5, ¶ 27 , 387 P.3d 1170, 1178 (Wyo. 2017) (“The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.”).

46
Terence James v. Stategreen
wyo · 2015 · cited in 5 Wyoming opinions naming this issue, 2017–2020
2 sentences

2020See Tingey v. State, 2017 WY 5, ¶ 27 , 387 P.3d 1170, 1178 (Wyo. 2017) (“The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.”) (citing James v. State, 2015 WY 83, ¶ 17 , 357 P.3d 101, 105 (Wyo. 2015)).

2020See Tingey v. State, 2017 WY 5, ¶ 27 , 387 P.3d 1170, 1178 (Wyo. 2017) (“The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.”) (citing James v. State, 2015 WY 83, ¶ 17 , 357 P.3d 101, 105 (Wyo. 2015)).

45
Nelson v. Stategreen
wyo · 2010 · cited in 6 Wyoming opinions naming this issue, 2017–2025
2 sentences

2025Fundamentally, “the offered instruction must present a defense recognized by statute or case law in this jurisdiction.” Id. (quoting Nelson, ¶ 14, 245 P.3d at 286 ). [¶15] Some states have enacted statutes codifying the de minimis infraction defense.

2025Fundamentally, “the offered instruction must present a defense recognized by statute or case law in this jurisdiction.” Id. (quoting Nelson, ¶ 14, 245 P.3d at 286 ). [¶15] Some states have enacted statutes codifying the de minimis infraction defense.

36
Bouwkamp v. Stategreen
wyo · 1992 · cited in 10 Wyoming opinions naming this issue, 1995–2023
2 sentences

2023That is, the offered instruction must present a defense recognized by statute or case law in this jurisdiction.” Id. at ¶ 14, 245 P.3d at 286 (citing Bouwkamp, 833 P.2d at 490 ). 3 [¶16] “It is established law in this Court and the United States Supreme Court that the State is required to prove every element of a criminal offense beyond a reasonable doubt[.]” Hernandez v. State, 2007 WY 105, ¶ 11 , 162 P.3d 472, 476 (Wyo. 2007) (citing Krucheck v. State, 671 P.2d 1222, 1224 (Wyo. 1983); Sandstrom v. Montana, 442 U.S. 510, 512 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979)).

1995In Bouwkamp, 833 P.2d at 490 (citations omitted), we said in this regard: The instruction must sufficiently inform the court of the defendant’s theory and must be supported by competent evidence. * * ⅜ However, there is another fundamental condition precedent which was not met by the offered instruction.

210
Goodman v. Stategreen
wyo · 1977 · cited in 5 Wyoming opinions naming this issue, 1982–1998
2 sentences

1990"The right to an instruction * * * rests upon the conditions precedent * * * [that] the offered instruction [is] sufficient to inform the court of the defendant's theory and there [is] competent evidence in the record to support the theory." Goodman, 573 P.2d at 408 (emphasis in original).

1990“The right to an instruction * * * rests upon the conditions precedent * ⅜ * [that] the offered instruction [is] sufficient to inform the court of the defendant’s theory and there [is] competent evidence in the record to support the theory.” Goodman, 573 P.2d at 408 (emphasis in original).

25
Sonjia Weinstein and Trey Warrengreen
wyo · 2014 · cited in 2 Wyoming opinions naming this issue, 2018–2022
2 sentences

2022Widdison v. State, 2018 WY 18 , ¶ 15, 410 P.3d 1205, 1211 (Wyo. 2018) (citing Weinstein v. Beach, 2014 WY 167 , ¶¶ 8–9, 340 P.3d 1013, 1016 (Wyo. 2014); K.C. v. State, 2011 WY 108, ¶ 7 , 257 P.3d 23 , 25–26 (Wyo. 2011)).

2022Widdison v. State, 2018 WY 18 , ¶ 15, 410 P.3d 1205, 1211 (Wyo. 2018) (citing Weinstein v. Beach, 2014 WY 167 , ¶¶ 8–9, 340 P.3d 1013, 1016 (Wyo. 2014); K.C. v. State, 2011 WY 108, ¶ 7 , 257 P.3d 23 , 25–26 (Wyo. 2011)).

22
Hopkins v. Stategreen
wyo · 2019 · cited in 2 Wyoming opinions naming this issue, 2020–2021
2 sentences

2021A jury acquitted him of all charges. 6 STANDARD OF REVIEW [¶25] “The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.” Black, ¶ 22, 464 P.3d at 579 (quoting Hopkins v. State, 2019 WY 77 , ¶ 18, 445 P.3d 582, 588 (Wyo. 2019)).

2020Mr. Black filed a timely notice of appeal to this Court. 7 STANDARD OF REVIEW [¶22] “The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.” Hopkins v. State, 2019 WY 77 , ¶ 18, 445 P.3d 582, 588 (Wyo. 2019) (quoting Tingey v. State, 2017 WY 5, ¶ 27 , 387 P.3d 1170, 1178 (Wyo. 2017)).

22
Swartz v. Stategreen
wyo · 1998 · cited in 2 Wyoming opinions naming this issue, 2020–2021
2 sentences

2021“An erroneous refusal of a theory of defense instruction is ‘reversible error per se.’” Black, ¶ 22, 464 P.3d at 579 (quoting Swartz v. State, 971 P.2d 137, 139 (Wyo. 1998)).

2020An erroneous refusal of a theory of defense instruction is “reversible error per se.” Swartz v. State, 971 P.2d 137, 139 (Wyo. 1998) (quoting Oien v. State, 797 P.2d 544, 549 (Wyo. 1990)); see also United States v. Ortiz, 804 F.2d 1161, 1163-64 (10th Cir. 1986) (“This right is so important that the failure to allow a defendant to present a theory of defense which is supported by sufficient evidence is reversible error.”).

22
Stapleman v. Stategreen
wyo · 1984 · cited in 2 Wyoming opinions naming this issue, 1986–1988
2 sentences

1988(Citation omitted.) “If these two elements are present and prejudice results from the failure to instruct, * * * the error requires reversal.” Stapleman v. State, Wyo., 680 P.2d 73, 77 (1984).

1986“If these two elements are present and prejudice results from the failure to instruct, * * * the error requires reversal.” *581 (Emphasis added.) Stapleman v. State, Wyo., 680 P.2d 73, 77 (1984).

22
Kennedy v. Stategreen
wyo · 1970 · cited in 3 Wyoming opinions naming this issue, 1980–1990
2 sentences

1990The "error lay in withholding an instruction pertinent to the issues involved * * *." Blakely, 474 P.2d at 129 .

1990The “error lay in withholding an instruction pertinent to the issues involved * * Blakely, 474 P.2d at 129 .

13
Roger Keith Black v. The State of Wyominggreen
wyo · 2020 · cited in 2 Wyoming opinions naming this issue, 2021–2022
2 sentences

2022STANDARD OF REVIEW [¶24] “The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.” Smith v. State, 2021 WY 28, ¶ 25 , 480 P.3d 532, 538 (Wyo. 2021) (quoting Black v. State, 2020 WY 65, ¶ 22 , 464 P.3d 574, 579 (Wyo. 2020)). “[T]he question of whether the court invaded the province of the jury by making a factual determination” is a legal question that we also review de novo.

2022STANDARD OF REVIEW [¶24] “The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.” Smith v. State, 2021 WY 28, ¶ 25 , 480 P.3d 532, 538 (Wyo. 2021) (quoting Black v. State, 2020 WY 65, ¶ 22 , 464 P.3d 574, 579 (Wyo. 2020)). “[T]he question of whether the court invaded the province of the jury by making a factual determination” is a legal question that we also review de novo.

12
Hernandez v. Stategreen
wyo · 2007 · cited in 1 Wyoming opinions naming this issue, 2023–2023
2 sentences

2023That is, the offered instruction must present a defense recognized by statute or case law in this jurisdiction.” Id. at ¶ 14, 245 P.3d at 286 (citing Bouwkamp, 833 P.2d at 490 ). 3 [¶16] “It is established law in this Court and the United States Supreme Court that the State is required to prove every element of a criminal offense beyond a reasonable doubt[.]” Hernandez v. State, 2007 WY 105, ¶ 11 , 162 P.3d 472, 476 (Wyo. 2007) (citing Krucheck v. State, 671 P.2d 1222, 1224 (Wyo. 1983); Sandstrom v. Montana, 442 U.S. 510, 512 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979)).

2023That is, the offered instruction must present a defense recognized by statute or case law in this jurisdiction.” Id. at ¶ 14, 245 P.3d at 286 (citing Bouwkamp, 833 P.2d at 490 ). 3 [¶16] “It is established law in this Court and the United States Supreme Court that the State is required to prove every element of a criminal offense beyond a reasonable doubt[.]” Hernandez v. State, 2007 WY 105, ¶ 11 , 162 P.3d 472, 476 (Wyo. 2007) (citing Krucheck v. State, 671 P.2d 1222, 1224 (Wyo. 1983); Sandstrom v. Montana, 442 U.S. 510, 512 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979)).

11
Krucheck v. Stategreen
wyo · 1983 · cited in 1 Wyoming opinions naming this issue, 2023–2023
1 sentence

2023That is, the offered instruction must present a defense recognized by statute or case law in this jurisdiction.” Id. at ¶ 14, 245 P.3d at 286 (citing Bouwkamp, 833 P.2d at 490 ). 3 [¶16] “It is established law in this Court and the United States Supreme Court that the State is required to prove every element of a criminal offense beyond a reasonable doubt[.]” Hernandez v. State, 2007 WY 105, ¶ 11 , 162 P.3d 472, 476 (Wyo. 2007) (citing Krucheck v. State, 671 P.2d 1222, 1224 (Wyo. 1983); Sandstrom v. Montana, 442 U.S. 510, 512 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979)).

11
Widdison v. Stategreen
wyo · 2018 · cited in 1 Wyoming opinions naming this issue, 2022–2022
1 sentence

2022Widdison v. State, 2018 WY 18 , ¶ 15, 410 P.3d 1205, 1211 (Wyo. 2018) (citing Weinstein v. Beach, 2014 WY 167 , ¶¶ 8–9, 340 P.3d 1013, 1016 (Wyo. 2014); K.C. v. State, 2011 WY 108, ¶ 7 , 257 P.3d 23 , 25–26 (Wyo. 2011)).

11
Marty May Smith v. The State of Wyominggreen
wyo · 2021 · cited in 1 Wyoming opinions naming this issue, 2022–2022
2 sentences

2022STANDARD OF REVIEW [¶24] “The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.” Smith v. State, 2021 WY 28, ¶ 25 , 480 P.3d 532, 538 (Wyo. 2021) (quoting Black v. State, 2020 WY 65, ¶ 22 , 464 P.3d 574, 579 (Wyo. 2020)). “[T]he question of whether the court invaded the province of the jury by making a factual determination” is a legal question that we also review de novo.

2022STANDARD OF REVIEW [¶24] “The failure to give an offered instruction on the law related to a theory of defense is a due process issue, which this Court reviews de novo.” Smith v. State, 2021 WY 28, ¶ 25 , 480 P.3d 532, 538 (Wyo. 2021) (quoting Black v. State, 2020 WY 65, ¶ 22 , 464 P.3d 574, 579 (Wyo. 2020)). “[T]he question of whether the court invaded the province of the jury by making a factual determination” is a legal question that we also review de novo.

11
United States v. Arthur Ortizgreen
ca10 · 1986 · cited in 1 Wyoming opinions naming this issue, 2020–2020
1 sentence

2020An erroneous refusal of a theory of defense instruction is “reversible error per se.” Swartz v. State, 971 P.2d 137, 139 (Wyo. 1998) (quoting Oien v. State, 797 P.2d 544, 549 (Wyo. 1990)); see also United States v. Ortiz, 804 F.2d 1161, 1163-64 (10th Cir. 1986) (“This right is so important that the failure to allow a defendant to present a theory of defense which is supported by sufficient evidence is reversible error.”).

11
Oien v. Stategreen
wyo · 1990 · cited in 1 Wyoming opinions naming this issue, 2020–2020
1 sentence

2020An erroneous refusal of a theory of defense instruction is “reversible error per se.” Swartz v. State, 971 P.2d 137, 139 (Wyo. 1998) (quoting Oien v. State, 797 P.2d 544, 549 (Wyo. 1990)); see also United States v. Ortiz, 804 F.2d 1161, 1163-64 (10th Cir. 1986) (“This right is so important that the failure to allow a defendant to present a theory of defense which is supported by sufficient evidence is reversible error.”).

11
John Henry Knospler, Jr. v. Stategreen
wyo · 2016 · cited in 1 Wyoming opinions naming this issue, 2017–2017
2 sentences

2017Knospler v. State, 2016 WY 1, ¶ 22 , 366 P.3d 479, 485 (Wyo. 2016). [¶58] The offered instruction contains a valid statement of the law — it instructs that before he can assert a defense of self-defense, the defendant must believe he is in imminent danger and his belief must be a reasonable one, even if the danger is not present or immediate.

2017Knospler v. State, 2016 WY 1, ¶ 22 , 366 P.3d 479, 485 (Wyo. 2016). [¶58] The offered instruction contains a valid statement of the law — it instructs that before he can assert a defense of self-defense, the defendant must believe he is in imminent danger and his belief must be a reasonable one, even if the danger is not present or immediate.

11
Montoya v. Grease Monkey Holding Corp.green
coloctapp · 1994 · cited in 1 Wyoming opinions naming this issue, 2012–2012
1 sentence

2012See Bouwkamp v. State, 883 P.2d 486, 490 (Wyo.1992) ("the offered instruction must present a defense recognized by statute or case law in this jurisdiction").

11
Harmon v. Town of Aftongreen
wyo · 1987 · cited in 1 Wyoming opinions naming this issue, 2000–2000
1 sentence

2000Harmon v. Town of Afton, 745 P.2d 889, 891 (Wyo.1987). *1086 Even so, the appellants were entitled to have the district court give the offered instruction.

11
Sanchez v. Stategreen
wyo · 1985 · cited in 1 Wyoming opinions naming this issue, 1986–1986
11
Thomas v. Stategreen
wyo · 1977 · cited in 1 Wyoming opinions naming this issue, 1985–1985
11
State v. Hickenbottomgreen
wyo · 1947 · cited in 1 Wyoming opinions naming this issue, 1985–1985
11
Davis v. Stategreen
ga · 1976 · cited in 1 Wyoming opinions naming this issue, 1981–1981
11
Angus Hunt Ranch, Inc. v. Reb, Inc.green
wyo · 1978 · cited in 1 Wyoming opinions naming this issue, 1979–1979
11
Kure v. Chevrolet Motor Divisiongreen
wyo · 1978 · cited in 1 Wyoming opinions naming this issue, 1979–1979
11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (24)

CaseCitedYears
KC v. State green
wyo · 2011
2 sentences

2022Widdison v. State, 2018 WY 18 , ¶ 15, 410 P.3d 1205, 1211 (Wyo. 2018) (citing Weinstein v. Beach, 2014 WY 167 , ¶¶ 8–9, 340 P.3d 1013, 1016 (Wyo. 2014); K.C. v. State, 2011 WY 108, ¶ 7 , 257 P.3d 23 , 25–26 (Wyo. 2011)).

2022Widdison v. State, 2018 WY 18 , ¶ 15, 410 P.3d 1205, 1211 (Wyo. 2018) (citing Weinstein v. Beach, 2014 WY 167 , ¶¶ 8–9, 340 P.3d 1013, 1016 (Wyo. 2014); K.C. v. State, 2011 WY 108, ¶ 7 , 257 P.3d 23 , 25–26 (Wyo. 2011)).

22018–2022
Arbenz Ex Rel. Seipt v. Debout green
wyo · 1968
2 sentences

1979We believe that in the latter situation the trial judge should follow the alternative offered by the rule wherein it is provided that he “ * * * may decline to render any judgment until the close of all the evidence”, and deny *1323 the motion. * * * Arbenz, supra, quoting with approval from Rogge v. Weaver, Alaska, 368 P.2d 810, 813 .

1978Such disposition, undoubtedly meritorious in jurisdictions such as Alaska, which follow exactly the federal rule requiring findings, becomes particularly essential in Wyoming where findings are not obligatory.” 444 P.2d at 319 .

21978–1979
Raigosa v. State green
wyo · 1977
2 sentences

1979The defendant failed to object to refusal of the trial judge to give the offered instruction; we will not consider it on review, Raigosa v. State, Wyo. 1977, 562 P.2d 1009 , unless it can be brought under the plain error doctrine, which we will not exercise except in exceptional circumstances, Hampton v. State, Wyo. 1977, 558 P.2d 504 .

1979The defendant failed to object to refusal of the trial judge to give the offered instruction; we will not consider it on review, Raigosa v. State, Wyo. 1977, 562 P.2d 1009 , unless it can be brought under the plain error doctrine, which we will not exercise except in exceptional circumstances, Hampton v. State, Wyo.1977, 558 P.2d 504 .

21977–1979
Yvonne Patrice Kessel v. The State of Wyoming green
wyo · 2023
1 sentence

2024“Fundamentally, [a proposed theory of defense] instruction must in the first instance [set forth] a proper theory of . . . defense[.] That is, the offered instruction must present a defense recognized by statute or case law in this jurisdiction.” 3 Kessel, ¶ 15, 539 P.3d at 409 (quoting Nelson, ¶ 14, 245 P.3d at 286 ).

12024–2024
Sandstrom v. Montana green
scotus · 1979
2 sentences

2023That is, the offered instruction must present a defense recognized by statute or case law in this jurisdiction.” Id. at ¶ 14, 245 P.3d at 286 (citing Bouwkamp, 833 P.2d at 490 ). 3 [¶16] “It is established law in this Court and the United States Supreme Court that the State is required to prove every element of a criminal offense beyond a reasonable doubt[.]” Hernandez v. State, 2007 WY 105, ¶ 11 , 162 P.3d 472, 476 (Wyo. 2007) (citing Krucheck v. State, 671 P.2d 1222, 1224 (Wyo. 1983); Sandstrom v. Montana, 442 U.S. 510, 512 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979)).

2023That is, the offered instruction must present a defense recognized by statute or case law in this jurisdiction.” Id. at ¶ 14, 245 P.3d at 286 (citing Bouwkamp, 833 P.2d at 490 ). 3 [¶16] “It is established law in this Court and the United States Supreme Court that the State is required to prove every element of a criminal offense beyond a reasonable doubt[.]” Hernandez v. State, 2007 WY 105, ¶ 11 , 162 P.3d 472, 476 (Wyo. 2007) (citing Krucheck v. State, 671 P.2d 1222, 1224 (Wyo. 1983); Sandstrom v. Montana, 442 U.S. 510, 512 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979)).

12023–2023
Pina v. Christensen green
wyo · 2009
2 sentences

2018Pina v. Christensen , 2009 WY 64 , ¶ 8, 206 P.3d 1298 , 1300 (Wyo. 2009).

2018Pina v. Christensen , 2009 WY 64 , ¶ 8, 206 P.3d 1298 , 1300 (Wyo. 2009).

12018–2018
Thomas v. State green
wyo · 2003
2 sentences

2009Id.

2009Id.

12009–2009
Best v. State green
wyo · 1987
2 sentences

1988Best v. State, supra, 736 P.2d at 744 .

1988Best v. State, supra, 736 P.2d at 744 .

11988–1988
Jackson v. State green
wyo · 1981
11987–1987
Naugher v. State green
wyo · 1984
2 sentences

1987Sanchez v. State, supra ; Stapleman v. State, supra ; Naugher v. State, Wyo., 685 P.2d 37 (1984); Jackson v. State, Wyo., 624 P.2d 751 , cert. denied 451 U.S. 989 , 101 S.Ct. 2327 , 68 L.Ed.2d 848 (1981); Goodman v. State, supra ; Thomas v. State, supra ; Blakely v. State, supra ; State v. Hickenbottom, supra .

1987Sanchez v. State, supra; Stapleman v. State, supra; Naugher v. State, Wyo., 685 P.2d 37 (1984); Jackson v. State, Wyo., 624 P.2d 751 , cert. denied 451 U.S. 989 , 101 S.Ct. 2327 , 68 L.Ed.2d 848 (1981); Goodman v. State, supra; Thomas v. State, supra; Blakely v. State, supra; State v. Hickenbottom, supra. When these conditions are satisfied, due process requires the trial court to give a correct instruction to the jury encompassing the defendant’s theory of the case.

11987–1987
Harris v. United States green
scotus · 1981
11987–1987
Phillips v. Evening Star Newspaper Co. green
scotus · 1981
2 sentences

1987Sanchez v. State, supra ; Stapleman v. State, supra ; Naugher v. State, Wyo., 685 P.2d 37 (1984); Jackson v. State, Wyo., 624 P.2d 751 , cert. denied 451 U.S. 989 , 101 S.Ct. 2327 , 68 L.Ed.2d 848 (1981); Goodman v. State, supra ; Thomas v. State, supra ; Blakely v. State, supra ; State v. Hickenbottom, supra .

1987Sanchez v. State, supra ; Stapleman v. State, supra ; Naugher v. State, Wyo., 685 P.2d 37 (1984); Jackson v. State, Wyo., 624 P.2d 751 , cert. denied 451 U.S. 989 , 101 S.Ct. 2327 , 68 L.Ed.2d 848 (1981); Goodman v. State, supra ; Thomas v. State, supra ; Blakely v. State, supra ; State v. Hickenbottom, supra .

11987–1987
Eagan v. State green
· 1942
11986–1986
Coronado Oil Co. v. Grieves green
wyo · 1982
11984–1984
Davis v. Georgia green
scotus · 1976
11981–1981
Roldan v. Minter green
scotus · 1976
11981–1981
Brown v. State green
wyo · 1979
11979–1979
Rogge v. Weaver green
alaska · 1962
11979–1979
Hampton v. State green
wyo · 1977
11979–1979
State v. Rideout green
wyo · 1969
11975–1975
United States v. William Francis Maloney green
ca1 · 1968
11975–1975
Mares v. State green
wyo · 1972
11975–1975
Mutter v. United States green
scotus · 1969
11975–1975
Johnston v. Vukelic green
wyo · 1950
11968–1968

Statutes the citing opinions construe

WY § Wyo. Stat. § 6-5-204 (8) WY § Wyo. Stat. § 6-1-102 (5) WY § Wyo. Stat. § 6-2-101 (5) WY § Wyo. Stat. § 5-1-106 (4) WY § Wyo. Stat. § 6-3-301 (4) WY § Wyo. Stat. § 35-7-1031 (3) WY § Wyo. Stat. § 6-1-202 (3) WY § Wyo. Stat. § 6-2-502 (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

MT 60 (1912–2025) KY 55 (1914–2026) CA 48 (1884–2026) WY 47 (1968–2025) MO 17 (1931–2020) IL 16 (1896–2026) AR 10 (1968–1988) NY 9 (1971–2022) IN 9 (1901–2011) TX 8 (1984–2021) MD 7 (1983–2020) VA 6 (1927–2025) NV 6 (1957–1992) MS 5 (1994–1999) NE 5 (1912–1983) OK 5 (1929–1998) IA 5 (1914–1981) NM 5 (1980–2010) AZ 4 (1977–2018) ID 4 (1916–2025) WI 4 (1995–2026) WA 4 (1970–1996) NJ 4 (1999–2026) WV 4 (1987–2002) PA 3 (1953–2018) ND 2 (2004–2004) LA 2 (1985–1995) OR 2 (1977–2014) DC 2 (1974–2025) MA 2 (1970–2005)

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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