omitted and necessary instruction (Indiana) · Go Syfert
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omitted and necessary instruction in Indiana

5 Indiana opinions name it 2 courts 1999–2017 0 in the last five years

The cases below were cited by Indiana 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 (2)

CaseFollowedCited
Jenkins v. Stategreen
ind · 1981 · cited in 4 Indiana opinions naming this issue, 1999–2016
2 sentences

2016However, the Indiana Supreme Court has permitted departure from this procedure when a trial court is faced with an omitted and necessary instruction or must correct an erroneous instruction, as long as it is “fair to the parties in the sense that it should not reflect the judge’s view of factual matters.” Id. (quoting Jenkins v. State, 424 N.E.2d 1002, 1003 (Ind. 1981)).

2002However, we have permitted departure from this procedure when a trial court is faced with an omitted and necessary instruction or must correct an erroneous instruction, as long as it is "fair to the parties in the sense that it should not reflect the judge's view of factual matters." Id. (quoting Jenkins v. State, 424 N.E.2d 1002, 1003 (Ind.1981)).

44
Martin v. Stategreen
ind · 2002 · cited in 3 Indiana opinions naming this issue, 2012–2017
2 sentences

2017Martin v. State, 760 N.E.2d 597, 601 (Ind. 2002).

2016However, the Indiana Supreme Court has permitted departure from this procedure when a trial court is faced with an omitted and necessary instruction or must correct an erroneous instruction, as long as it is “fair to the parties in the sense that it should not reflect the judge’s view of factual matters.” Id. (quoting Jenkins v. State, 424 N.E.2d 1002, 1003 (Ind. 1981)).

13

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Wallace v. State green
ind · 1981
1 sentence

2002However, we have permitted departure from this procedure when a trial court is faced with an omitted and necessary instruction or must correct an erroneous instruction, as long as it is "fair to the parties in the sense that it should not reflect the judge's view of factual matters." Id. (quoting Jenkins v. State, 424 N.E.2d 1002, 1003 (Ind.1981)).

12002–2002

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