guidance analysis (Indiana) · Go Syfert
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guidance analysis in Indiana

9 Indiana opinions name it 2 courts 2020–2026 7 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 (4)

CaseFollowedCited
Alain Kiiwon Powell, Jr. v. State of Indianagreen
ind · 2020 · cited in 6 Indiana opinions naming this issue, 2020–2026
2 sentences

2026“If the statute, whether expressly or by judicial construction, indicates a unit of prosecution, then we follow the legislature’s guidance and our analysis is complete.” Id.

2024“If the statute, whether expressly or by judicial construction, indicates a unit of prosecution, then we follow the legislature’s guidance and our analysis is complete.” Powell, 151 N.E.3d at 264.

66
Hurst v. Stategreen
indctapp · 1984 · cited in 2 Indiana opinions naming this issue, 2020–2021
2 sentences

2021See Hurst[ v. State, 464 N.E.2d 19, 21 (Ind. Ct. App. 1984)] (whether “multiple offenses of the same statute are committed during a single transaction” depends “on the definition of the particular crime involved”).

2020And, under our arson statute, a person who knowingly or intentionally damages property by fire or by explosive means “commits a separate offense for each person who suffers a bodily injury or serious bodily injury.” I.C. § 35-43-1-1. 7Whereas the “elements of an offense define what must be proved to convict a defendant of a crime,” a criminal statute’s “unit of prosecution defines how many offenses the defendant has committed.” United States v. Rentz, 777 F.3d 1105, 1117 (10th Cir. 2015) (Matheson, J., concurring). we follow the legislature’s guidance and our analysis is complete.8 See Hurst,

22
Walker v. Stategreen
indctapp · 2010 · cited in 1 Indiana opinions naming this issue, 2025–2025
1 sentence

2025There, to determine whether the facts show a single offense or distinguishable offenses, we ask “whether the defendant’s actions are ‘so compressed in terms of time, place, singleness of purpose, and continuity of action as to constitute a single transaction.’” Id. (quoting Walker v. State, 932 N.E.2d 733, 735 (Ind. Ct. App. 2010)).

11
United States v. Rentzgreen
ca10 · 2015 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020And, under our arson statute, a person who knowingly or intentionally damages property by fire or by explosive means “commits a separate offense for each person who suffers a bodily injury or serious bodily injury.” I.C. § 35-43-1-1. 7Whereas the “elements of an offense define what must be proved to convict a defendant of a crime,” a criminal statute’s “unit of prosecution defines how many offenses the defendant has committed.” United States v. Rentz, 777 F.3d 1105, 1117 (10th Cir. 2015) (Matheson, J., concurring). we follow the legislature’s guidance and our analysis is complete.8 See Hurst,

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

IN § Ind. Code § 35-31.5-2-168 (5) IN § Ind. Code § 35-42-2-1 (4) IN § Ind. Code § 35-42-3-3 (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

NJ 10 (1977–2025) IN 9 (2020–2026) OH 6 (1990–2024) PA 6 (1979–2020) TN 3 (2006–2020) TX 3 (1992–2020) UT 3 (1996–2003) NM 3 (2005–2010) CA 2 (2021–2021) VA 2 (1984–2007) MT 2 (1912–1948) SC 2 (1916–1971) IA 2 (2022–2025) OK 2 (2017–2017)

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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