41 Indiana opinions name it 2 courts 1905–2024 1 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 |
|---|---|---|
Burton v. Stategreen2 sentences2007And we acknowledge that "`an error in the instruction of the jury does not require reversal if the conviction is clearly sustained by the evidence and the jury could not properly have found otherwise.'" Elmore, 688 N.E.2d at 219 (quoting Burton v. State, 526 N.E.2d 1163, 1166 (Ind.1988)) (emphasis added). 2007And we acknowledge thát “ ‘an error in the instruction of the jury does not require reversal if the conviction is clearly sustained by the evidence and the jury could not properly have found otherwise.’ ” Elmore, 688 N.E.2d at 219 (quoting Burton v. State, 526 N.E.2d 1163, 1166 (Ind.1988)) (emphasis added). | 2 | 3 |
Markley v. Stategreen2 sentences1999Markley v. State, 603 N.E.2d 891, 894 (Ind.Ct.App.1992), trans. denied. 1996An error in an instruction will not warrant reversal unless "it is of such a nature the entire charge of which it is a part misleads the jury on the law of the case." Markley v. State, 603 N.E.2d 891, 894-895 (Ind.Ct.App.1992), trans. denied. | 2 | 2 |
Grossenbacher v. Stategreen2 sentences1998Grossenbacher v. State, 468 N.E.2d 1056, 1059 (Ind.1984). 1987An error in an instruction will not warrant a reversal unless the error is of such a nature that the entire charge of which it is a part misled II the jury on the law of the case. @rossen-bacher, 468 N.E.2d at 1059 . | 1 | 2 |
Ramsey v. Stategreen1 sentence2024But an error in an instruction does not rise to the level of fundamental error where the issue was not a central issue at trial, Winkleman v. State, 22 N.E.3d 844, 850 (Ind. Ct. App. 2014), trans. denied, or if the other instructions, viewed as a whole, sufficiently inform the jury of the State’s burden of proof, Ramsey v. State, 723 N.E.2d 869, 873 (Ind. 2000). | 1 | 1 |
Tyrone Winkleman v. State of Indianagreen1 sentence2024But an error in an instruction does not rise to the level of fundamental error where the issue was not a central issue at trial, Winkleman v. State, 22 N.E.3d 844, 850 (Ind. Ct. App. 2014), trans. denied, or if the other instructions, viewed as a whole, sufficiently inform the jury of the State’s burden of proof, Ramsey v. State, 723 N.E.2d 869, 873 (Ind. 2000). | 1 | 1 |
Edwards v. Stategreen1 sentence2017When the reversal of a conviction is due to an error in instruction but sufficient evidence exists to support the conviction, “double jeopardy does not bar retrial[.]” Edwards v. State, 773 N.E.2d 360, 364 (Ind. Ct. App. 2002), trans. denied. | 1 | 1 |
Hamilton County Department of Public Welfare v. Smithgreen2 sentences2016In Hamilton County Department of Public Welfare v. Smith, this Court affirmed the trial court’s conclusion that the Department of Public Welfare had made an error of analysis in denying Smith welfare benefits. 567 N.E.2d 165, 170-71 (Ind. Ct. App. 1991). 2016In Hamilton County Department of Public Welfare v. Smith, this Court affirmed the trial court’s conclusion that the Department of Public Welfare had made an error of analysis in denying Smith welfare benefits. 567 N.E.2d 165, 170-71 (Ind.Ct.App. 1991). | 1 | 1 |
Matney v. Stategreen2 sentences2015See Matney, 681 N.E.2d at 1153 . 2015See Matney, 681 N.E.2d at 1153 . | 1 | 1 |
Sanders v. Stategreen1 sentence2014See Hall v. State, 937 N.E.2d 911, 913 (Ind.Ct.App.2010) (holding that error in an instruction on mens rea does not rise to the level of fundamental error where the defendant’s mens rea was not a central issue at trial); see also Sanders v. State, 764 N.E.2d 705, 711 (Ind.Ct.App.2002) (noting that attempted-murder instructions that omit the element of intent to kill do not constitute fundamental error if the defendant’s intent to kill was not a central issue at trial and specifically holding: “The existence of the omitted element of intent is so well established in the Record that the trial co | 1 | 1 |
Hall v. Stategreen1 sentence2014See Hall v. State, 937 N.E.2d 911, 913 (Ind.Ct.App.2010) (holding that error in an instruction on mens rea does not rise to the level of fundamental error where the defendant’s mens rea was not a central issue at trial); see also Sanders v. State, 764 N.E.2d 705, 711 (Ind.Ct.App.2002) (noting that attempted-murder instructions that omit the element of intent to kill do not constitute fundamental error if the defendant’s intent to kill was not a central issue at trial and specifically holding: “The existence of the omitted element of intent is so well established in the Record that the trial co | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jackson v. State
green
2 sentences1993Jackson v. State (1991), Ind., 575 N.E.2d 617, 621 . 1993Jackson v. State (1991), Ind., 575 N.E.2d 617, 621 . | 3 | 1992–1993 |
Thornton Ex Rel. Thornton v. Pender
green
2 sentences1980Thornton v. Pender (1978), Ind., 377 N.E.2d 613 ; Lamb v. York (1969), 252 Ind. 252 , 247 N.E.2d 197 . 1980Thornton v. Pender, (1978) Ind., 377 N.E.2d 613, 623 . | 3 | 1980–1980 |
Abdul-Wadood v. State
green
2 sentences1991An error in such an instruction creates a serious risk of wrongful conviction, Abdul-Wadood, 521 N.E.2d at 1800 , and this Court has repeatedly held that an instruction purporting to set out the State's entire burden of proof but which omits an essential element is fatally defective and necessitates a reversal and a new trial on the charge before a properly instructed jury, id.; Kelly, 535 N.E.2d 140 ; Smith v. State (1984), Ind., 459 N.E.2d 355 ; Kelley, 210 Ind. 380 , 3 N.E.2d 65 . 1991An error in such an instruction creates a serious risk of wrongful conviction, Abdul-Wadood, 521 N.E.2d at 1300 , and this Court has repeatedly held that an instruction purporting to set out the State's entire burden of proof but which omits an essential element is fatally defective and necessitates a reversal and a new trial on the charge before a properly instructed jury, id.; Kelly, 535 *1236 N.E.2d 140; Smith v. State (1984), Ind., 459 N.E.2d 355 ; Kelley, 210 Ind. 380 , 3 N.E.2d 65 . | 2 | 1990–1991 |
Grad v. Cross
green
2 sentences1991Grad v. Cross (1979), 182 Ind. App. 611 , 395 N.E.2d 870, 873 . 1991Grad v. Cross (1979), 182 Ind. App. 611 , 395 N.E.2d 870, 873 . | 2 | 1990–1991 |
Timberlake v. State
green
1 sentence2018Timberlake, 690 N.E.2d 243 . | 1 | 2018–2018 |
Elmore v. State
green
2 sentences2007And we acknowledge that "`an error in the instruction of the jury does not require reversal if the conviction is clearly sustained by the evidence and the jury could not properly have found otherwise.'" Elmore, 688 N.E.2d at 219 (quoting Burton v. State, 526 N.E.2d 1163, 1166 (Ind.1988)) (emphasis added). 2007And we acknowledge thát “ ‘an error in the instruction of the jury does not require reversal if the conviction is clearly sustained by the evidence and the jury could not properly have found otherwise.’ ” Elmore, 688 N.E.2d at 219 (quoting Burton v. State, 526 N.E.2d 1163, 1166 (Ind.1988)) (emphasis added). | 1 | 2007–2007 |
Edgecomb v. State
green
1 sentence2000Edgecomb, 673 N.E.2d at 1186 . | 1 | 2000–2000 |
Buzzard v. State
green
2 sentences1996Id. at 999 . 1996Id. at 999 . | 1 | 1996–1996 |
Brown v. State
green
1 sentence1995Brown, 587 N.E.2d at 696 . | 1 | 1995–1995 |
Brewer v. State
green
2 sentences1992In Brewer v. State (1981), 275 Ind. 338 , 417 N.E.2d 889 , an instruction of this type was given by agreement of the defendant after the jury returned into open court during deliberations and requested information about whether a person receiving a life sentence could be released on parole. 1992In Brewer v. State (1981), 275 Ind. 338 , 417 N.E.2d 889 , an instruction of this type was given by agreement of the defendant after the jury returned into open court during deliberations and requested information about whether a person receiving a life sentence could be released on parole. | 1 | 1992–1992 |
Kelly v. State
green
1 sentence1991An error in such an instruction creates a serious risk of wrongful conviction, Abdul-Wadood, 521 N.E.2d at 1800 , and this Court has repeatedly held that an instruction purporting to set out the State's entire burden of proof but which omits an essential element is fatally defective and necessitates a reversal and a new trial on the charge before a properly instructed jury, id.; Kelly, 535 N.E.2d 140 ; Smith v. State (1984), Ind., 459 N.E.2d 355 ; Kelley, 210 Ind. 380 , 3 N.E.2d 65 . | 1 | 1991–1991 |
Kelley v. State
green
2 sentences1991An error in such an instruction creates a serious risk of wrongful conviction, Abdul-Wadood, 521 N.E.2d at 1800 , and this Court has repeatedly held that an instruction purporting to set out the State's entire burden of proof but which omits an essential element is fatally defective and necessitates a reversal and a new trial on the charge before a properly instructed jury, id.; Kelly, 535 N.E.2d 140 ; Smith v. State (1984), Ind., 459 N.E.2d 355 ; Kelley, 210 Ind. 380 , 3 N.E.2d 65 . 1991An error in such an instruction creates a serious risk of wrongful conviction, Abdul-Wadood, 521 N.E.2d at 1800 , and this Court has repeatedly held that an instruction purporting to set out the State's entire burden of proof but which omits an essential element is fatally defective and necessitates a reversal and a new trial on the charge before a properly instructed jury, id.; Kelly, 535 N.E.2d 140 ; Smith v. State (1984), Ind., 459 N.E.2d 355 ; Kelley, 210 Ind. 380 , 3 N.E.2d 65 . | 1 | 1991–1991 |
Jennings v. State
green
1 sentence1991Jennings v. State (1987), Ind., 514 N.E.2d 836 . | 1 | 1991–1991 |
Smith v. State
green
2 sentences1991An error in such an instruction creates a serious risk of wrongful conviction, Abdul-Wadood, 521 N.E.2d at 1800 , and this Court has repeatedly held that an instruction purporting to set out the State's entire burden of proof but which omits an essential element is fatally defective and necessitates a reversal and a new trial on the charge before a properly instructed jury, id.; Kelly, 535 N.E.2d 140 ; Smith v. State (1984), Ind., 459 N.E.2d 355 ; Kelley, 210 Ind. 380 , 3 N.E.2d 65 . 1991An error in such an instruction creates a serious risk of wrongful conviction, Abdul-Wadood, 521 N.E.2d at 1300 , and this Court has repeatedly held that an instruction purporting to set out the State's entire burden of proof but which omits an essential element is fatally defective and necessitates a reversal and a new trial on the charge before a properly instructed jury, id.; Kelly, 535 *1236 N.E.2d 140; Smith v. State (1984), Ind., 459 N.E.2d 355 ; Kelley, 210 Ind. 380 , 3 N.E.2d 65 . | 1 | 1991–1991 |
Nicholson v. State
green
2 sentences1991In Nicholson v. State (1986), Ind., 500 N.E.2d 1175 , the defendant argued that a reversal of his conviction for attempted voluntary manslaughter was required because an essential element, namely, specific intent, was omitted from the trial court's instructions on the definitions of the charged crime of attempted murder and the lesser included offense of attempted voluntary manslaughter. 1991In Nicholson v. State (1986), Ind., 500 N.E.2d 1175 , the defendant argued that a reversal of his conviction for attempted voluntary manslaughter was required because an essential element, namely, specific intent, was omitted from the trial court's instructions on the definitions of the charged crime of attempted murder and the lesser included offense of attempted voluntary manslaughter. | 1 | 1991–1991 |
Denton v. State
green
2 sentences1991Id. 1991Id. | 1 | 1991–1991 |
Jester v. State
green
2 sentences1990Jester v. State (1990), Ind., 551 N.E.2d 840 . 1990Jester v. State (1990), Ind., 551 N.E.2d 840 . | 1 | 1990–1990 |
Reid v. State
green
2 sentences1990Reid v. State (1988), Ind., 529 N.E.2d 1309 ;. 1990Reid v. State (1988), Ind., 529 N.E.2d 1309 ;. | 1 | 1990–1990 |
Thomas v. State
green
1 sentence1989Thomas v. State (1987), Ind., 510 N.E.2d 651 . | 1 | 1989–1989 |
Cheney v. State
green
1 sentence1988Cheney v. State (1985), Ind., 486 N.E.2d 508, 513 . | 1 | 1988–1988 |
| Lamb v. York green | 1 | 1980–1980 |
| GARATONI GARATONI v. Teegarden neutral | 1 | 1965–1965 |
| Northern Indiana Power Company v. West, Admx. green | 1 | 1961–1961 |
| Pawlisch v. Atkins red | 1 | 1961–1961 |
| City of Indianapolis v. Cook green | 1 | 1961–1961 |
| Indianapolis Traction & Terminal Co. v. Mathews green | 1 | 1961–1961 |
| Indianapolis Traction & Terminal Co. v. Crawley neutral | 1 | 1961–1961 |
| Stull v. DAVIDSON green | 1 | 1958–1958 |
| Tompkins v. Smith green | 1 | 1958–1958 |
| Brannin v. State neutral | 1 | 1947–1947 |
| Mowes v. Robbins neutral | 1 | 1918–1918 |
| Peabody-Alwert Coal Co. v. Yandell green | 1 | 1915–1915 |
| Terre Haute, Indianapolis & Eastern Traction Co. v. Frischman neutral | 1 | 1915–1915 |
| Kesler v. Myers green | 1 | 1913–1913 |
| Monongahela River Consolidated Coal & Coke Co. v. Hardsaw green | 1 | 1910–1910 |
| Perry, Matthews-Buskirk Stone Co. v. Wilson green | 1 | 1905–1905 |
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.
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.