second paragraph instruction (Iowa) · Go Syfert
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second paragraph instruction in Iowa

5 Iowa opinions name it 2 courts 1938–2002 0 in the last five years

The cases below were cited by Iowa 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 (5)

CaseFollowedCited
Castner v. Wrightgreen
iowa · 1964 · cited in 2 Iowa opinions naming this issue, 1968–1990
2 sentences

1990See Castner v. Wright, 256 Iowa 638 , 128 N.W.2d 885 (1964).

1968Castner v. Wright, 256 Iowa 638, 658-659 , 128 N.W.2d 885 .

12
Castner v. Wrightgreen
iowa · 1964 · cited in 2 Iowa opinions naming this issue, 1968–1990
2 sentences

1990See Castner v. Wright, 256 Iowa 638 , 128 N.W.2d 885 (1964).

1968Castner v. Wright, 256 Iowa 638, 658-659 , 128 N.W.2d 885 .

12
Carter v. MacMillan Oil Co., Inc.green
iowa · 1984 · cited in 1 Iowa opinions naming this issue, 2002–2002
1 sentence

2002The second paragraph of the instruction appears to have been improper based on our decision in Carter v. MacMillan Oil Co., 355 N.W.2d 52, 57 (Iowa 1984), in which we indicated that, because of the obvious differences between proof beyond a reasonable doubt (required to sustain a criminal conviction) and probable cause (required to initiate a criminal charge) failure to meet the greater standard is not a basis to infer a failure to meet the lesser standard.

11
State v. Langletgreen
iowa · 1979 · cited in 1 Iowa opinions naming this issue, 1981–1981
1 sentence

1981See also State v. Langlet, 283 N.W.2d 330, 337 (Iowa 1979) (approving Uniform Instruction No. 105 and stating that credibility instruction should be general and refer to no specific evidence or witnesses).

11
State v. Ochoagreen
iowa · 1976 · cited in 1 Iowa opinions naming this issue, 1981–1981
1 sentence

1981We approved the language of the second paragraph of this instruction 1 in State v. Ochoa, 244 N.W.2d 773, 777-78 (Iowa 1976), over the challenge that the language denied the defendant the benefit of the beyond a reasonable doubt standard.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Hall v. Incorporated Town of Manson green
iowa · 1894
2 sentences

1938Appellant contends that, in the case of Perkins v. Ogilvie, 148 Ky. 309 , 146 S. W. 735 , it was clearly held that humiliation and mortification are simply phases of mental anguish, and that, in Hall v. Manson, 90 Iowa 585 , 58 N. W. 881 , and other cases cited by him, this court has followed the same reasoning as is contained in the Kentucky case, in holding that mental pain and suffering include fright and other feelings and emotions, as distinguished from physical pain and suffering.

1938Appellant contends that, in the case of Perkins v. Ogilvie, 148 Ky. 309 , 146 S. W. 735 , it was clearly held that humiliation and mortification are simply phases of mental anguish, and that, in Hall v. Manson, 90 Iowa 585 , 58 N. W. 881 , and other cases cited by him, this court has followed the same reasoning as is contained in the Kentucky case, in holding that mental pain and suffering include fright and other feelings and emotions, as distinguished from physical pain and suffering.

11938–1938
Perkins v. Ogilvie green
kyctapp · 1912
2 sentences

1938Appellant contends that, in the case of Perkins v. Ogilvie, 148 Ky. 309 , 146 S. W. 735 , it was clearly held that humiliation and mortification are simply phases of mental anguish, and that, in Hall v. Manson, 90 Iowa 585 , 58 N. W. 881 , and other cases cited by him, this court has followed the same reasoning as is contained in the Kentucky case, in holding that mental pain and suffering include fright and other feelings and emotions, as distinguished from physical pain and suffering.

1938Appellant contends that, in the case of Perkins v. Ogilvie, 148 Ky. 309 , 146 S. W. 735 , it was clearly held that humiliation and mortification are simply phases of mental anguish, and that, in Hall v. Manson, 90 Iowa 585 , 58 N. W. 881 , and other cases cited by him, this court has followed the same reasoning as is contained in the Kentucky case, in holding that mental pain and suffering include fright and other feelings and emotions, as distinguished from physical pain and suffering.

11938–1938

Where else courts name it

IL 43 (1944–2025) CA 19 (1947–2022) WA 17 (1937–2020) MO 13 (1886–2007) MS 9 (1980–2008) KS 9 (1903–2021) IN 6 (1969–2020) MA 5 (1937–2025) IA 5 (1938–2002) NY 5 (1943–1974) ID 4 (1932–2023) NE 4 (1948–2006) TX 4 (2008–2018) NV 4 (1940–2014) OH 3 (1990–2026) AR 3 (1925–2014) NJ 2 (1942–1996) UT 2 (1983–1984) OK 2 (1958–2019) VA 2 (1919–1951) OR 2 (1999–2003) MI 2 (1976–1999) FL 2 (1995–2012) MN 2 (2011–2014) CO 2 (1991–1992)

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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