categorical rule (Alaska) · Go Syfert
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categorical rule in Alaska

5 Alaska opinions name it 2 courts 1998–2023 4 in the last five years

The cases below were cited by Alaska 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 (4)

CaseFollowedCited
State, Dept. of Public Safety v. Doe Igreen
alaska · 2018 · cited in 1 Alaska opinions naming this issue, 2023–2023
1 sentence

2023Safety v. Doe, 425 P.3d 115, 120 (Alaska 2018). 4 Borja v. State, 886 P.2d 1311, 1312, 1314 (Alaska App. 1994). –6– 2739 Morgan’s prior judgment specifies that he was convicted under AMC 08.10.010(D) — i.e., committing “an assault . . . against the person of a police officer.” But the actual parameters of this offense are set out in subsection (B), which establishes four separate assault offenses in its four subsections.

11
Borja v. Stategreen
alaskactapp · 1994 · cited in 1 Alaska opinions naming this issue, 2023–2023
1 sentence

2023Safety v. Doe, 425 P.3d 115, 120 (Alaska 2018). 4 Borja v. State, 886 P.2d 1311, 1312, 1314 (Alaska App. 1994). –6– 2739 Morgan’s prior judgment specifies that he was convicted under AMC 08.10.010(D) — i.e., committing “an assault . . . against the person of a police officer.” But the actual parameters of this offense are set out in subsection (B), which establishes four separate assault offenses in its four subsections.

11
Jigliotti Family Trust v. Donald Edward Bloom, Deborah Jane Bloom, and John W. Mooregreen
alaska · 2021 · cited in 1 Alaska opinions naming this issue, 2022–2022
1 sentence

2022Tr. v. Bloom, 497 P.3d 472, 477-78 (Alaska 2021) (“[A] party claiming that an easement was extinguished by prescription must prove continuous and open and notorious use of the easement area for a ten year period by clear and convincing evidence.” (quoting Hansen, 220 P.3d at 916 )). 32 Nor did we state a categorical rule in Hansen that “permanent” improvements are necessarily hostile uses in the prescriptive termination context. -15- 7617 2.

11
In Re the Marriage of Gaergreen
iowa · 1991 · cited in 1 Alaska opinions naming this issue, 1998–1998
1 sentence

1998See In re Marriage of Gaer, 476 N.W.2d 324, 326 (Iowa 1991) (adopting the view that the decision to include or exclude depreciation expenses in calculating child support should depend on the circumstances of each case rather than a categorical rule of inclusion as income or deduction as expense).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
State v. Bassett green
wash · 2018
2 sentences

2023Thus, we hold that sentencing juvenile offenders to life without parole or early release is cruel punishment and therefore RCW 10.95.030(3)(a)(ii) is unconstitutional under article I, section 14.” Id. at 354 . 96 State v. Kelliher, 873 S.E.2d 366 , 390 (N.C. 2022). – 31 – 2745 It is against this backdrop of state legislative reforms and state supreme court decisions that the United States Supreme Court issued Jones v. Mississippi.

2023Thus, we hold that sentencing juvenile offenders to life without parole or early release is cruel punishment and therefore RCW 10.95.030(3)(a)(ii) is unconstitutional under article I, section 14.” Id. at 354 . 96 State v. Kelliher, 873 S.E.2d 366 , 390 (N.C. 2022). – 31 – 2745 It is against this backdrop of state legislative reforms and state supreme court decisions that the United States Supreme Court issued Jones v. Mississippi.

22023–2023
Hansen v. Davis green
alaska · 2009
1 sentence

2022Tr. v. Bloom, 497 P.3d 472, 477-78 (Alaska 2021) (“[A] party claiming that an easement was extinguished by prescription must prove continuous and open and notorious use of the easement area for a ten year period by clear and convincing evidence.” (quoting Hansen, 220 P.3d at 916 )). 32 Nor did we state a categorical rule in Hansen that “permanent” improvements are necessarily hostile uses in the prescriptive termination context. -15- 7617 2.

12022–2022

Where else courts name it

CA 228 (1974–2026) WA 92 (1980–2026) TX 84 (1965–2026) IA 76 (1996–2025) IL 66 (1983–2026) FL 54 (1959–2026) KS 45 (1994–2026) MI 44 (1991–2025) OR 37 (1994–2026) CO 36 (1987–2026) PA 34 (1971–2026) WI 32 (1999–2026) LA 28 (1977–2022) MN 27 (1988–2026) NC 25 (1987–2026) UT 25 (1999–2026) NJ 24 (1980–2026) NM 20 (1999–2025) OH 19 (1996–2026) GA 19 (2008–2024) NY 18 (1990–2024) AZ 18 (1969–2026) SC 17 (2011–2022) MT 16 (2007–2022) DC 16 (1993–2025) MA 14 (1997–2024) MD 14 (1995–2025) VA 14 (1957–2024) ID 12 (1991–2024) IN 11 (2012–2026) MO 11 (2013–2025) WY 10 (1983–2019) AR 10 (2001–2026) TN 9 (1985–2018) KY 9 (2013–2026) OK 8 (2016–2023) AL 8 (1920–2016) MS 8 (2009–2022) NH 8 (2003–2019) HI 7 (1998–2017) SD 7 (2007–2025) CT 6 (2011–2023) ND 6 (1997–2016) NE 6 (2003–2017) AK 5 (1998–2023) RI 5 (1984–2025) ME 4 (1980–2017) VT 3 (1988–2009) NV 3 (1990–2026) DE 3 (2015–2026)

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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