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5 Indiana opinions name it 2 courts 1909–2002 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.
| Case | Followed | Cited |
|---|---|---|
McDonald v. Stategreen2 sentences2002If on appeal you then prove both the erroneous denial and that you were unable to strike another objectionable juror because you exhausted your per-emptories, you are entitled to a new trial, full stop. 8 "The object to be attained is an impartial jury, and while the right of peremptory challenge is an absolute one, it is not, we think, so far so that it may be exercised under all conditions." McDonald v. State, 172 Ind. 393, 400 , 88 N.E. 673, 676 (1909). 9 We conclude that Indiana's moderate position-requiring an appellant to show that an incompetent or objectionable juror actually served be 2002If on appeal you then prove both the erroneous denial and that you were unable to strike another objectionable juror because you exhausted your per-emptories, you are entitled to a new trial, full stop. 8 "The object to be attained is an impartial jury, and while the right of peremptory challenge is an absolute one, it is not, we think, so far so that it may be exercised under all conditions." McDonald v. State, 172 Ind. 393, 400 , 88 N.E. 673, 676 (1909). 9 We conclude that Indiana's moderate position-requiring an appellant to show that an incompetent or objectionable juror actually served be | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wasy v. State
green
2 sentences1977More recently the Indiana Supreme Court has said that the right of peremptory challenge “can avail [an accused person] nothing unless her counsel is permitted to make an intelligent exercise of the right.” Wasy v. State (1955), 234 Ind. 52, 56 , 123 N.E. 2d 462, 464 , 46 A.L.R. 2d 1389 . 1977More recently the Indiana Supreme Court has said that the right of peremptory challenge “can avail [an accused person] nothing unless her counsel is permitted to make an intelligent exercise of the right.” Wasy v. State (1955), 234 Ind. 52, 56 , 123 N.E. 2d 462, 464 , 46 A.L.R. 2d 1389 . | 1 | 1977–1977 |
Schondel v. State
neutral
2 sentences1962In Schondel v. State (1910), 174 Ind. 734 , 93 N. E. 67 , defendant examined the jurors composing the panel, excused one and passed the jury to the state. 1962In Schondel v. State (1910), 174 Ind. 734 , 93 N. E. 67 , defendant examined the jurors composing the panel, excused one and passed the jury to the state. | 1 | 1962–1962 |
Voght v. State
green
2 sentences1914Siberry v. State (1896), 149 Ind. 684 , 39 N. E. 636 , 47 N. E. 458 ; Voght v. State (1896), 145 Ind. 12 , 43 N. E. 1049 . 1914Siberry v. State (1896), 149 Ind. 684 , 39 N. E. 636 , 47 N. E. 458 ; Voght v. State (1896), 145 Ind. 12 , 43 N. E. 1049 . | 1 | 1914–1914 |
Leatherman v. Board of Commissioners
neutral
1 sentence1914Siberry v. State (1896), 149 Ind. 684 , 39 N. E. 636 , 47 N. E. 458 ; Voght v. State (1896), 145 Ind. 12 , 43 N. E. 1049 . | 1 | 1914–1914 |
Siberry v. State
green
1 sentence1914Siberry v. State (1896), 149 Ind. 684 , 39 N. E. 636 , 47 N. E. 458 ; Voght v. State (1896), 145 Ind. 12 , 43 N. E. 1049 . | 1 | 1914–1914 |
State v. Potter
green
1 sentence1909The court said: “There was no denial on the part of the court; on the contrary the right was tendered to her at the proper time, and having waived the exercise of it then, for the reasons given by the circuit judge, we think it was too late to demand it after the defendant had exercised his right.” It is said in Mayers v. Smith (1887), 121 Ill. 442, 448 , 13 N. E. 216 : “Under the practice at common law, no such case would arise as is here presented, of a party reserving his power of peremptory challenge until after he had examined and passed upon the whole twelve jurors, or eight of them, for | 1 | 1909–1909 |
Mayers v. Smith
green
2 sentences1909The court said: “There was no denial on the part of the court; on the contrary the right was tendered to her at the proper time, and having waived the exercise of it then, for the reasons given by the circuit judge, we think it was too late to demand it after the defendant had exercised his right.” It is said in Mayers v. Smith (1887), 121 Ill. 442, 448 , 13 N. E. 216 : “Under the practice at common law, no such case would arise as is here presented, of a party reserving his power of peremptory challenge until after he had examined and passed upon the whole twelve jurors, or eight of them, for 1909The court said: “There was no denial on the part of the court; on the contrary the right was tendered to her at the proper time, and having waived the exercise of it then, for the reasons given by the circuit judge, we think it was too late to demand it after the defendant had exercised his right.” It is said in Mayers v. Smith (1887), 121 Ill. 442, 448 , 13 N. E. 216 : “Under the practice at common law, no such case would arise as is here presented, of a party reserving his power of peremptory challenge until after he had examined and passed upon the whole twelve jurors, or eight of them, for | 1 | 1909–1909 |
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.