mistrial results waiver (Indiana) · Go Syfert
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mistrial results waiver in Indiana

39 Indiana opinions name it 2 courts 1991–2025 2 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 (11)

CaseFollowedCited
Robinson v. Stategreen
ind · 1998 · cited in 6 Indiana opinions naming this issue, 1999–2014
2 sentences

2014See Robinson v. State, 693 N.E.2d 548, 552 (Ind. 1998).

2001Although the language in both is "the failure to request an admonishment or move for a mistrial results in waiver of the issue," Robinson, 693 N.E.2d at 552 ; Brown, 572 N.E.2d at 498 , in both cases, the defendants not only failed to seek an admonishment but also failed to move for mistrial.

56
Dresser v. Stategreen
ind · 1983 · cited in 5 Indiana opinions naming this issue, 1993–2014
2 sentences

2014See Dresser v. State, 454 N.E.2d 406, 407-08 (Ind. 1983). [A] failure to request an admonishment or move for a mistrial results in waiver of the issue.

2014See Dresser v. State, 454 N.E.2d 406, 407-08 (Ind. 1983). [A] failure to request an admonishment or move for a mistrial results in waiver of the issue.

55
Etienne v. Stategreen
ind · 1999 · cited in 6 Indiana opinions naming this issue, 2001–2020
2 sentences

2015A “failure to request an admonishment or move for a mistrial results in waiver of the issue.” Id. (emphasis added).

2010"Failure to request an admonishment or move for a mistrial results in waiver of the issue." Etienne v. State, 716 N.E.2d 457, 461 (Ind.1999).

36
Cooper v. Stategreen
ind · 2006 · cited in 2 Indiana opinions naming this issue, 2012–2019
2 sentences

2019See Knapp v. State, 9 N.E.3d 1274, 1281 (Ind. 2014); Cooper, 854 N.E.2d at 836 .

2012See Cooper v. State, 854 N.E.2d 831, 835 (Ind. 2006) (when an improper argument is alleged to have been made, “[f]ailure to request an admonishment or to move for a mistrial results in waiver”).

12
Evans v. Stategreen
indctapp · 2006 · cited in 1 Indiana opinions naming this issue, 2025–2025
1 sentence

2025Failure to request an admonishment or move for a mistrial results in waiver of the issue of improper argument.”); Evans v. State, 855 N.E.2d 378, 384 (Ind. Ct. App. 2006) (“Even assuming that the issue was properly framed in terms of prosecutorial misconduct, Evans failed to request an admonishment or move for mistrial.

11
Wright v. Stategreen
ind · 1997 · cited in 1 Indiana opinions naming this issue, 2024–2024
1 sentence

2024See Wright v. State, 690 N.E.2d 1098, 1111 (Ind. 1997) (“Failure to request an admonishment or move for a mistrial results in waiver of the issue.

11
Flowers v. Stategreen
ind · 2000 · cited in 1 Indiana opinions naming this issue, 2024–2024
1 sentence

2024Generally this is so, even if the court has overruled a timely objection.” (citations omitted)); see also Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind. 2000) (“To preserve an issue regarding the propriety of a closing argument for appeal, a defendant must do more than simply make a prompt objection to the argument.

11
Engelica E. Castillo v. State of Indianagreen
ind · 2012 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Id.; see also Castillo v. State, 974 N.E.2d 458, 468 (Ind. 2012) (noting that a defendant must request a mistrial if he considers the trial court’s admonishment to be inadequate and the failure to move for a mistrial results in waiver). [18] Here, Thomas objected at trial to only one of the statements by the prosecuting attorney that he now claims were improper.

11
Randy L. Knapp v. State of Indianagreen
ind · 2014 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019See Knapp v. State, 9 N.E.3d 1274, 1281 (Ind. 2014); Cooper, 854 N.E.2d at 836 .

11
John Cherry v. State of Indianagreen
indctapp · 2012 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Cherry v. State, 971 N.E.2d 726, 733 (Ind. Ct. App. 2012) (citations omitted), trans. denied.

11
Brewer v. Stategreen
ind · 1993 · cited in 1 Indiana opinions naming this issue, 1993–1993
2 sentences

1993Brewer v. State (1993), Ind., 605 N.E.2d 181, 182 (citations omitted); see also Dresser v. State (1983), Ind., 454 N.E.2d 406, 407 .

1993Brewer v. State (1993), Ind., 605 N.E.2d 181, 182 (citations omitted); see also Dresser v. State (1983), Ind., 454 N.E.2d 406, 407 .

11

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 (10)

CaseCitedYears
Isaacs v. State green
ind · 1996
2 sentences

2001Id.

2001Id.

51997–2001
Nunley v. State green
indctapp · 2009
2 sentences

2013Id.

2012Id.

32012–2013
Brown v. State green
ind · 1991
2 sentences

2001Although the language in both is "the failure to request an admonishment or move for a mistrial results in waiver of the issue," Robinson, 698 N.E.2d at 552; Brown, 572 N.E.2d at 498 , in both cases, the defendants not only failed to seek an admonishment but also failed to move for mistrial.

2001Although the language in both is "the failure to request an admonishment or move for a mistrial results in waiver of the issue," Robinson, 693 N.E.2d at 552 ; Brown, 572 N.E.2d at 498 , in both cases, the defendants not only failed to seek an admonishment but also failed to move for mistrial.

31993–2001
Ryan Shelby v. State of Indiana green
indctapp · 2013
2 sentences

2016Id.

2014Id.

22014–2016
Hand v. State green
indctapp · 2007
2 sentences

2013Id.

2013Id.

22013–2013
Zenthofer v. State green
ind · 1993
2 sentences

1997Zenthofer v. State, 613 N.E.2d at 34 .

1996Id.

21996–1997
Mitchell v. United States green
scotus · 2016
2 sentences

2020A “failure to request an admonishment or move for a mistrial results in waiver of the issue.” Id. (emphasis in original).

2020In essence “waiver occurs where there was neither a request for admonishment nor a motion for mistrial.” Id. (emphasis in original). [41] In the present case, during the hearing about the January incident, the trial court excluded any mention of Wilderness placing a gun to anyone’s head.

12020–2020
Kevin Charles Isom v. State of Indiana green
ind · 2015
2 sentences

2020A “failure to request an admonishment or move for a mistrial results in waiver of the issue.” Id. (emphasis in original).

2020In essence “waiver occurs where there was neither a request for admonishment nor a motion for mistrial.” Id. (emphasis in original).

12020–2020
Reid v. State green
indctapp · 1999
1 sentence

2003Id.

12003–2003
Brewer v. State green
ind · 1983
1 sentence

1991Brewer v. State (1983), Ind., 455 N.E.2d 324 .

11991–1991

Statutes the citing opinions construe

IN § Ind. Code § 35-42-1-1 (11) IN § Ind. Code § 35-41-2-4 (5) IN § Ind. Code § 35-42-3-3 (5) IN § Ind. Code § 35-50-2-3 (5) IN § Ind. Code § 35-41-2-2 (4) IN § Ind. Code § 35-50-2-9 (4) IN § Ind. Code § 35-42-2-1 (3) IN § Ind. Code § 35-42-4-3 (3) IN § Ind. Code § 35-42-5-1 (3) IN § Ind. Code § 35-50-2-5 (3)

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.

Where else courts name it

IN 39 (1991–2025) PA 2 (2024–2026)

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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