right to present defense (Alaska) · Go Syfert
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right to present defense in Alaska

5 Alaska opinions name it 2 courts 1997–2019 0 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 (6)

CaseFollowedCited
Smithart v. Stategreen
alaska · 1999 · cited in 2 Alaska opinions naming this issue, 2009–2019
2 sentences

2019As a result of the ruling, Allison was not allowed to cross-examine any of the State’s 14 Kitchens v. State, 898 P.2d 443, 448, 451 (Alaska App. 1995); see also Smithart, 988 P.2d at 586 (holding that “[w]hen a trial court’s evidentiary rulings substantially infringe upon the right to present a defense, the court necessarily violates the defendant’s due process rights”). – 15 – 2651 experts about their knowledge of Ehlers-Danlos Syndrome or their knowledge that J.A.’s mother had been diagnosed with this syndrome.

2009Cf. Smithart, 988 P.2d at 586 ("When a trial court's evidentiary rulings substantially infringe upon the right to present a defense, the court necessarily violates the defendant's due process rights."); Keith, 612 P.2d at 982-83 ("If the superior court's refusal to admit the journal did, in fact, substantially limit Keith's opportunities to prove his innocence affirmatively, the due process right to a fair trial would have been denied him."). [35] 35.

22
Ruggles Ex Rel. Estate of Mayer v. Growgreen
alaska · 1999 · cited in 2 Alaska opinions naming this issue, 2009–2016
2 sentences

2016Tagaban v. City of Pelican, 358 P.3d 571, 575 (Alaska 2015) (quoting Beal v. McGuire, 216 P.3d 1154, 1162 (Alaska 2009)). 22 Ruggles v. Grow, 984 P.2d 509, 512 (Alaska 1999) (explaining that a “consequence[] flowing from the fact that [the insurer] requested [the insured’s] attorneys not to present its claim for medical expenses” is that the insured “lost the right to present the claim”). -11- 7140 D.

2016Ruggles v. Grow, 984 P.2d 509, 512 (Alaska 1999) (explaining that a "consequence[] flowing from the fact that [the insurer] requested [the insured's] attorneys not to present its claim for medical expenses” is that the insured "lost the right to present the claim”). .

22
Kitchens v. Stategreen
alaskactapp · 1995 · cited in 1 Alaska opinions naming this issue, 2019–2019
1 sentence

2019As a result of the ruling, Allison was not allowed to cross-examine any of the State’s 14 Kitchens v. State, 898 P.2d 443, 448, 451 (Alaska App. 1995); see also Smithart, 988 P.2d at 586 (holding that “[w]hen a trial court’s evidentiary rulings substantially infringe upon the right to present a defense, the court necessarily violates the defendant’s due process rights”). – 15 – 2651 experts about their knowledge of Ehlers-Danlos Syndrome or their knowledge that J.A.’s mother had been diagnosed with this syndrome.

11
Tagaban v. City of Pelicangreen
alaska · 2015 · cited in 1 Alaska opinions naming this issue, 2016–2016
1 sentence

2016Tagaban v. City of Pelican, 358 P.3d 571, 575 (Alaska 2015) (quoting Beal v. McGuire, 216 P.3d 1154, 1162 (Alaska 2009)). 22 Ruggles v. Grow, 984 P.2d 509, 512 (Alaska 1999) (explaining that a “consequence[] flowing from the fact that [the insurer] requested [the insured’s] attorneys not to present its claim for medical expenses” is that the insured “lost the right to present the claim”). -11- 7140 D.

11
Beal v. McGuiregreen
alaska · 2009 · cited in 1 Alaska opinions naming this issue, 2016–2016
1 sentence

2016Tagaban v. City of Pelican, 358 P.3d 571, 575 (Alaska 2015) (quoting Beal v. McGuire, 216 P.3d 1154, 1162 (Alaska 2009)). 22 Ruggles v. Grow, 984 P.2d 509, 512 (Alaska 1999) (explaining that a “consequence[] flowing from the fact that [the insurer] requested [the insured’s] attorneys not to present its claim for medical expenses” is that the insured “lost the right to present the claim”). -11- 7140 D.

11
Keith v. Stategreen
alaska · 1980 · cited in 1 Alaska opinions naming this issue, 2009–2009
1 sentence

2009Cf. Smithart, 988 P.2d at 586 ("When a trial court's evidentiary rulings substantially infringe upon the right to present a defense, the court necessarily violates the defendant's due process rights."); Keith, 612 P.2d at 982-83 ("If the superior court's refusal to admit the journal did, in fact, substantially limit Keith's opportunities to prove his innocence affirmatively, the due process right to a fair trial would have been denied him."). [35] 35.

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
Montana v. Egelhoff green
scotus · 1996
2 sentences

2009Montana v. Egelhoff, 518 U.S. 37, 56-57 , 116 S.Ct. 2013 , 135 LEBd.2d 361 (1996) (Ginsburg, J., concurring) (citations omitted). 36 .

2009Montana v. Egelhoff, 518 U.S. 37, 56-57 , 116 S.Ct. 2013 , 135 LEBd.2d 361 (1996) (Ginsburg, J., concurring) (citations omitted). 36 .

12009–2009
Nichols v. Eckert green
alaska · 1973
2 sentences

1997In Nichols, 504 P.2d at 1365 , the court said: "Where the nature and consequences of the charge are serious, ... the right to present witnesses on one's behalf is manifest...." Nichols, a teacher terminated for incompetency, was held to have the right to present her defense "by testimony and other evidence." Id.

1997In Nichols, 504 P.2d at 1365 , the court said: "Where the nature and consequences of the charge are serious, ... the right to present witnesses on one's behalf is manifest...." Nichols, a teacher terminated for incompetency, was held to have the right to present her defense "by testimony and other evidence." Id.

11997–1997

Where else courts name it

CA 205 (1928–2026) MI 199 (1936–2026) WA 188 (1927–2026) TX 118 (1974–2026) NY 106 (1891–2026) TN 102 (2000–2026) CT 92 (1935–2025) IL 87 (1949–2025) LA 77 (1959–2026) WI 47 (1988–2026) OH 46 (1979–2026) KS 41 (1905–2025) IN 41 (1952–2024) MN 37 (1988–2026) CO 31 (1894–2026) MA 24 (1978–2025) IA 23 (1992–2025) DC 20 (1979–2015) ID 19 (1978–2025) KY 18 (1924–2025) SC 15 (1986–2023) MD 15 (1977–2022) NC 14 (1976–2014) OR 13 (1982–2026) NM 11 (1988–2024) AL 11 (1896–2002) OK 10 (1998–2025) HI 10 (1936–2023) AZ 10 (1976–2022) PA 9 (1919–2025) WY 7 (1937–2025) NJ 7 (1988–2026) MO 7 (1932–2011) RI 7 (1981–2014) VT 6 (1983–2025) MT 5 (1935–2025) NE 5 (1989–2020) AK 5 (1997–2019) WV 4 (1987–2018) FL 4 (1982–2024) MS 4 (2006–2022) VA 4 (1985–2017) ND 3 (1980–2001) SD 3 (2009–2025) AR 3 (1922–1941) GA 3 (1998–2019) NH 2 (1985–2012) UT 2 (2014–2018) ME 2 (1983–2019) DE 2 (1989–2019)

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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