Topic: manifestly erroneous and prejudicial. · Go Syfert
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Topic #10680

6 canonical passages across 5 cases, quoted by 35 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Robin Orr v. Bank of America, Nt & Sa.

#Case FlagCanonical passage Citers
1 Robin Orr v. Bank of America, Nt & Sa Anchor
ca9 · 2002
green “manifestly erroneous and prejudicial.” 10
2 United States v. Walter Douglas Emmert, United States of America v. Richard Gail Arriaga
ca9 · 1987
green “the state-of-mind exception does not permit the witness to relate any of the declarant's statements as to why he held the particular state of mind, or what he might have believed that would have induced the state of mind.” 5
3 United States v. Walter Douglas Emmert, United States of America v. Richard Gail Arriaga
ca9 · 1987
green “statements as to why the declarant held the particular state of mind, or what he might have believed that would have induced the state of mind.” 5
4 United States v. Vito Spillone, United States of America v. John Clyde Abel, United States of America v. Frank Citro
ca9 · 1989
green “the decision to permit rebuttal in a civil action is a procedural matter which rests within the sound discretion of the trial judge and rarely (if ever) provides fertile ground for appeal.” 5
5 United States v. An Chyi Liu, A/K/A Fat Frank, and Ai-Ti-Ting, A/K/A Eddie
ca5 · 1992
green “the phrase 'because the defendant threatened me' is expressly outside the state-of-mind exception because the explanation for the fear expresses a belief different from the state of mind of being afraid.” 5
6 Dr. Martin TREPEL, Plaintiff-Appellant-Cross-Appellee, v. ROADWAY EXPRESS, INC. Defendant-Appellee/Cross-Appellant
ca6 · 1999
green “therefore, in disregard of our heretofore well-settled precedent that hearsay evidentiary rulings are reviewed de novo, we shall review the district court's ruling for an abuse of discretion.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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