has rejected claim (Connecticut) · Go Syfert
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has rejected claim in Connecticut

5 Connecticut opinions name it 2 courts 1986–2007 0 in the last five years

The cases below were cited by Connecticut 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 (3)

CaseFollowedCited
State v. Lemoinegreen
conn · 2001 · cited in 1 Connecticut opinions naming this issue, 2007–2007
2 sentences

2007The court in Winegeart did not conclude, however, that defining reasonable doubt in such terms necessarily is constitutionally defective; id., 902-903 ; and this court has rejected the claim that it is improper to define reasonable doubt as “something more than a guess or a surmise.” State v. Lemoine, 256 Conn. 193, 202, 204 , 770 A.2d 491 (2001).

2007The court in Winegeart did not conclude, however, that defining reasonable doubt in such terms necessarily is constitutionally defective; id., 902-903 ; and this court has rejected the claim that it is improper to define reasonable doubt as “something more than a guess or a surmise.” State v. Lemoine, 256 Conn. 193, 202, 204 , 770 A.2d 491 (2001).

11
American Trading Real Estate Properties, Inc. v. Town of Trumbullgreen
conn · 1990 · cited in 1 Connecticut opinions naming this issue, 2004–2004
2 sentences

2004West Hartford v. Talcott, 138 Conn. 82, 91 , 82 A.2d 351 (1951); cf. American Trading Real Estate Properties, Inc. v. Trumbull, 215 Conn. 68, 79 , 574 A.2d 796 (1990) (“land is indeed held for public use even when a municipality is not presently making use of the land but is simply holding it for development at some later time”).

2004West Hartford v. Talcott, 138 Conn. 82, 91 , 82 A.2d 351 (1951); cf. American Trading Real Estate Properties, Inc. v. Trumbull, 215 Conn. 68, 79 , 574 A.2d 796 (1990) (“land is indeed held for public use even when a municipality is not presently making use of the land but is simply holding it for development at some later time”).

11
Bauer v. Waste Management of Connecticut, Inc.green
conn · 1995 · cited in 1 Connecticut opinions naming this issue, 2001–2001
1 sentence

2001See, e.g., Beacon Falls v. Posick, supra, 212 Conn. 572 ; see also Bauer v. Waste Management of Connecticut, Inc., supra, 234 Conn. 221 (rejecting claim that permit issued by department of environmental protection to construct landfill with maximum height of 190 feet preempted local ordinance limiting maximum height to ninety feet). “[The] test frequently used to determine whether a conflict exists is whether the ordinance permits or licenses that which the statute forbids, or prohibits that which the statute authorizes; if so, there is a conflict.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Winegeart v. State green
ind · 1996
1 sentence

2007The court in Winegeart did not conclude, however, that defining reasonable doubt in such terms necessarily is constitutionally defective; id., 902-903 ; and this court has rejected the claim that it is improper to define reasonable doubt as “something more than a guess or a surmise.” State v. Lemoine, 256 Conn. 193, 202, 204 , 770 A.2d 491 (2001).

12007–2007
State v. Davis green
conn · 2007
1 sentence

2007The defendant first contends that the court improperly instructed the jury that a reasonable doubt is “something more than a guess or a surmise.” Our Supreme Court recently held that this instruction was proper in State v. Davis, supra, 283 Conn. 280 , stating that “this court has rejected the claim that it is improper to define reasonable doubt as ‘something more than a guess or a surmise.’ . . .

12007–2007
Town of West Hartford v. Talcott green
conn · 1951
2 sentences

2004West Hartford v. Talcott, 138 Conn. 82, 91 , 82 A.2d 351 (1951); cf. American Trading Real Estate Properties, Inc. v. Trumbull, 215 Conn. 68, 79 , 574 A.2d 796 (1990) (“land is indeed held for public use even when a municipality is not presently making use of the land but is simply holding it for development at some later time”).

2004West Hartford v. Talcott, 138 Conn. 82, 91 , 82 A.2d 351 (1951); cf. American Trading Real Estate Properties, Inc. v. Trumbull, 215 Conn. 68, 79 , 574 A.2d 796 (1990) (“land is indeed held for public use even when a municipality is not presently making use of the land but is simply holding it for development at some later time”).

12004–2004
State v. Avcollie green
conn · 1982
2 sentences

1986State v. Avcollie, 188 Conn. 626, 636-37 , 453 A.2d 418 (1982), cert. denied, 461 U.S. 928 , 103 S. Ct. 2088 , 77 L.

1986State v. Avcollie, 188 Conn. 626, 636-37 , 453 A.2d 418 (1982), cert. denied, 461 U.S. 928 , 103 S. Ct. 2088 , 77 L.

11986–1986
Dixie Finance Co. v. Federal Trade Commission green
scotus · 1983
1 sentence

1986State v. Avcollie, 188 Conn. 626, 636-37 , 453 A.2d 418 (1982), cert. denied, 461 U.S. 928 , 103 S. Ct. 2088 , 77 L.

11986–1986
Richardson v. Donovan green
scotus · 1983
1 sentence

1986State v. Avcollie, 188 Conn. 626, 636-37 , 453 A.2d 418 (1982), cert. denied, 461 U.S. 928 , 103 S. Ct. 2088 , 77 L.

11986–1986
Stoutt v. Oregon ex rel. Adult & Family Services Division green
scotus · 1983
1 sentence

1986State v. Avcollie, 188 Conn. 626, 636-37 , 453 A.2d 418 (1982), cert. denied, 461 U.S. 928 , 103 S. Ct. 2088 , 77 L.

11986–1986

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 51-199 (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

TX 15 (1936–2017) FL 12 (1992–2016) WA 7 (1989–2020) MO 6 (1990–2012) OK 6 (1963–2017) IL 6 (1984–2023) IN 5 (1993–2017) CA 5 (1998–2022) CT 5 (1986–2007) MI 4 (2017–2025) PA 4 (1974–2019) AZ 4 (2005–2010) OH 4 (1982–2024) AR 3 (2014–2023) GA 3 (1991–2017) NM 2 (2019–2019) ID 2 (2021–2021) MS 2 (2017–2022) DC 2 (1979–2007)

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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