discussion issue (Indiana) · Go Syfert
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discussion issue in Indiana

36 Indiana opinions name it 2 courts 1867–2019 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 (13)

CaseFollowedCited
Childress v. Stategreen
ind · 2006 · cited in 4 Indiana opinions naming this issue, 2013–2014
2 sentences

2014Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006).

2013Indiana Appellate Rule 7(B) provides that this court “may revise a sentence authorized by statute if, after due consideration of the trial court’s decision, [we find] that the sentence is inappropriate in light of the nature of the offense and the character of the offender.” Under this rule, the burden is on the defendant to persuade the appellate court that his or her sentence is inappropriate.2 Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006).

44
State v. Renzulligreen
ind · 2011 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014DISCUSSION The issue is whether the court erred in granting Banks's motion to suppress his confession of murder. 1 "In reviewing a trial court's motion to suppress, we determine whether the record discloses 'substantial evidence of probative value that supports the trial court's decision." State v. Renzulli, 958 N.E.2d 1143, 1146 (Ind.2011) (quoting State v. Quirk, 842 N.E.2d 334, 340 (Ind.2006)).

11
Bailey v. Stategreen
ind · 2009 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014Bailey v. State, 907 N.E.2d 1003, 1005 (Ind. 2009).

11
State v. Quirkgreen
ind · 2006 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014DISCUSSION The issue is whether the court erred in granting Banks's motion to suppress his confession of murder. 1 "In reviewing a trial court's motion to suppress, we determine whether the record discloses 'substantial evidence of probative value that supports the trial court's decision." State v. Renzulli, 958 N.E.2d 1143, 1146 (Ind.2011) (quoting State v. Quirk, 842 N.E.2d 334, 340 (Ind.2006)).

11
Ruben Gonzalez v. State of Indianagreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014“An order of restitution is generally within the trial court’s discretion, and it will be reversed only upon a finding of an abuse of that discretion.” Gonzalez v. State, 3 N.E.3d 27, 30 (Ind. Ct. App. 2014) (citing Edsall v. State, 983 N.E.2d 200 (Ind. Ct. App. 2013), reh’g denied).

11
Gregory Kirk v. State of Indianagreen
indctapp · 2012 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014For a discussion of our analysis of that issue, please see Kirk v. State, 974 N.E.2d 1059, 1069-70 (Ind. Ct. App. 2012).

11
Mendoza v. Stategreen
indctapp · 2007 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013However, “even if the trial court is found to have abused its discretion in the process it used to sentence the defendant, the error is harmless if the sentence imposed was not inappropriate.” Mendoza v. State, 869 N.E.2d 546, 556 (Ind. Ct. App. 2007), trans. denied; see also Windhorst v. State, 868 N.E.2d 504, 507 (Ind. 2007) (holding that in the absence of a proper sentencing order, we may either remand for resentencing or exercise our authority to review the sentence pursuant to Ind. Appellate Rule 7(B)), reh’g denied; Shelby v. State, 986 N.E.2d 345, 370 (Ind. Ct. App. 2013) (holding that

11
Windhorst v. Stategreen
ind · 2007 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013However, “even if the trial court is found to have abused its discretion in the process it used to sentence the defendant, the error is harmless if the sentence imposed was not inappropriate.” Mendoza v. State, 869 N.E.2d 546, 556 (Ind. Ct. App. 2007), trans. denied; see also Windhorst v. State, 868 N.E.2d 504, 507 (Ind. 2007) (holding that in the absence of a proper sentencing order, we may either remand for resentencing or exercise our authority to review the sentence pursuant to Ind. Appellate Rule 7(B)), reh’g denied; Shelby v. State, 986 N.E.2d 345, 370 (Ind. Ct. App. 2013) (holding that

11
Overstreet v. Stategreen
ind · 2003 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013Generally, “[t]he purpose of an instruction is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to comprehend the case clearly and arrive at a just, fair, and correct verdict.” Overstreet v. State, 783 N.E.2d 1140, 1163 (Ind. 2003), cert. denied, 540 U.S. 1150 , 124 S. Ct. 1145 (2004).

11
Ryan Shelby v. State of Indianagreen
indctapp · 2013 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013However, “even if the trial court is found to have abused its discretion in the process it used to sentence the defendant, the error is harmless if the sentence imposed was not inappropriate.” Mendoza v. State, 869 N.E.2d 546, 556 (Ind. Ct. App. 2007), trans. denied; see also Windhorst v. State, 868 N.E.2d 504, 507 (Ind. 2007) (holding that in the absence of a proper sentencing order, we may either remand for resentencing or exercise our authority to review the sentence pursuant to Ind. Appellate Rule 7(B)), reh’g denied; Shelby v. State, 986 N.E.2d 345, 370 (Ind. Ct. App. 2013) (holding that

11
Ware v. Stategreen
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2004–2004
1 sentence

2004Ware v. State, 782 N.E.2d 478, 481 (Ind.Ct.App.2003).

11
United States v. Mantongreen
ca2 · 1938 · cited in 1 Indiana opinions naming this issue, 1980–1980
1 sentence

1980The discussion of the rule by Mr. Justice Sutherland, sitting as a Circuit Justice in the Second Circuit, in United States v. Manton, 107 F.2d 834, 845 (2 Cir. 1939) is pertinent: *186 Where a re-recording of a tape recorded conversation is offered in evidence and *187 “The rule is not based upon the view that the so-called secondary evidence is not competent, since, if the best evidence is shown to be unobtainable, secondary evidence at once becomes admissible.

11
First City Trust & Savings Bank v. Doolittlegreen
ohioctapp · 1930 · cited in 1 Indiana opinions naming this issue, 1942–1942
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 (28)

CaseCitedYears
City of Indianapolis v. Hicks ex rel. Richards green
indctapp · 2010
2 sentences

2014The Hicks opinion also includes a discussion of waiver, concluding that the defendant's "failure to timely ob-jeet waived any challenge based on [the magistrate's] authority." Id. at 231 .

2014The Hicks opinion also includes a discussion of waiver, concluding that the defendant’s “failure to timely object waived any challenge based on [the magistrate’s] authority.” Id. at 231 .

22014–2014
JD v. State green
ind · 2006
2 sentences

2006Discussion The issue on which the Court of Appeals reversed is the same as that we address today in J.D. v. State, No. 49S04-0508-JV-356, 2006 WL 2616305 , 853 N.E.2d 945 , (Ind. Sept.12, 2006).

2006Discussion The issue on which the Court of Appeals reversed is the same as that we address today in J.D. v. State, No. 49S04-0508-JV-356, 2006 WL 2616305 , 853 N.E.2d 945 , (Ind. Sept.12, 2006).

22006–2006
Lake Erie & Western Railroad v. Halleck neutral
indctapp · 1922
2 sentences

1977Co. v. Halleck, 78 Ind. App. 495 , 136 N.E; 39, where there is a discussion of the principle with authorities cited to sustain it.” In the case at bar, as was true in Hall, supra, the written comments made by a member of the jury did not render the verdict defective for two reasons.

1925Co. v. Halleck (1922), 78 Ind. App. 495 , 136 N. E. 39 , where there is a discussion of the principle, with authorities cited to sustain it.

21925–1977
Adrian Durden v. State of Indiana green
ind · 2018
1 sentence

2019For a discussion of these error doctrines and the scope of appellate review they embrace, see Durden v. State , 99 N.E.3d 645 , 651-53 (Ind. 2018).

12019–2019
Love v. Bolinger green
insd · 1996
1 sentence

2017Logan argues that the reasoning of Love v. Bolinger, 927 F.Supp. 1131 (S.D.

12017–2017
Jim A. Edsall v. State of Indiana green
indctapp · 2013
1 sentence

2014“An order of restitution is generally within the trial court’s discretion, and it will be reversed only upon a finding of an abuse of that discretion.” Gonzalez v. State, 3 N.E.3d 27, 30 (Ind. Ct. App. 2014) (citing Edsall v. State, 983 N.E.2d 200 (Ind. Ct. App. 2013), reh’g denied).

12014–2014
English v. Vazquez green
scotus · 2004
1 sentence

2013Generally, “[t]he purpose of an instruction is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to comprehend the case clearly and arrive at a just, fair, and correct verdict.” Overstreet v. State, 783 N.E.2d 1140, 1163 (Ind. 2003), cert. denied, 540 U.S. 1150 , 124 S. Ct. 1145 (2004).

12013–2013
In Re: Visitation M.L.B.: K.J.R. v. M.A.B. green
ind · 2013
1 sentence

2013In one of her first opinions on this Court, Justice Rush discussed the history behind the Grandparent Visitation Act in In re Visitation of M.L.B., 983 N.E.2d 583 (Ind.2013).

12013–2013
Applegate v. United States green
scotus · 2004
1 sentence

2013Generally, “[t]he purpose of an instruction is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to comprehend the case clearly and arrive at a just, fair, and correct verdict.” Overstreet v. State, 783 N.E.2d 1140, 1163 (Ind. 2003), cert. denied, 540 U.S. 1150 , 124 S. Ct. 1145 (2004).

12013–2013
Giovanoni v. INDIANA DEPT. OF WRKFRC. DEVT. green
ind · 2010
2 sentences

2010In Giovanoni, 927 N.E.2d 906 , we hold that while it is permissible for an employer to utilize a "no-fault" attendance *915 policy, "[t]he existence of such a policy does not obviate the statutory mandate [in Indiana Code § 22-4-15-1(d)(3)] to analyze whether, under the totality of the circumstances, the employee's absenteeism is the result of circumstances beyond that employee's control." Id. at 912.

2010In Giovanoni, 927 N.E.2d 906 , we hold that while it is permissible for an employer to utilize a "no-fault" attendance policy, "Itlhe existence of such a policy does not obviate the statutory mandate [in Indiana Code § 224-15-1(d)(8)] to analyze whether, under the totality of the cireumstances, the employee's absenteeism is the result of cireumstances beyond that employee's control." Id. at 912.

12010–2010
Sellmer v. State green
ind · 2006
2 sentences

2006As such, this case provides a neat companion to another case we decide today, Sellmer v. State, 842 N.E.2d 358 , No. 29S04-0602-CR-58 (Ind.2006), where the question of whether a telephone tip to the police provided the reasonably articulable suspicion of criminal activity necessary to justify an investigatory stop was also at issue.

2006As such, this case provides a neat companion to another case we decide today, Sellmer v. State, 842 N.E.2d 358 , No. 29S04-0602-CR-58 (Ind.2006), where the question of whether a telephone tip to the police provided the reasonably articulable suspicion of eriminal activity necessary to justify an investigatory stop was also at issue.

12006–2006
Jd v. Ew by Cw green
indctapp · 1993
1 sentence

1995J.D. v. *173 E.W. (1993), Ind.App., 610 N.E.2d 289, 290 .

11995–1995
Indiana Department of State Revenue v. Caylor-Nickel Clinic, P.C. green
ind · 1992
1 sentence

1993When reviewing the grant of a motion for summary judgment, this court stands in the shoes of the trial court, Department of Rev. v. Caylor-Nickel Clinic (1992), Ind., 587 N.E.2d 1311 , and we are not limited to reviewing the trial court’s reasons for granting summary judgment.

11993–1993
White v. State green
ind · 1986
1 sentence

1986DISCUSSION Our standard of review of Williams's claim is that recently enunciated by our supreme court in White v. State (1986), Ind., 497 N.E.2d 893 : "A petitioner who claims that his plea was involuntary and unintelligent but can only establish that the trial judge failed to give an advisement in accordance with § 85-85-1-2 has not met his burden of proof.

11986–1986
IND ED. EMP. REL. BD. v. Bd. of Sch. Trust. green
indctapp · 1977
1 sentence

1982The court observed: “Section 5 of the Act clearly contemplates that the discussion of the factors enumerated therein are to be on behalf of all members of the school employees’ bargaining unit.” 368 N.E.2d at 1168 .

11982–1982
Colacicco v. United States green
ca2 · 1944
1 sentence

1980The same limitation applies in the instant case.” (Footnotes omitted.) (Emphasis added.) Although that case was a condemnation action rather than a case of tortious injury to a crop, and, as the court said, was concerned with the value of the property at the time of taking, and not what the lessee might have made as a warehouseman of grain held for favorable market ( 143 F.2d 410 ), nevertheless, I believe that the court’s discussion of the rule as to measure of damages for tortious destruction of crops correctly states the rule, and that such rule should be applied here.

11980–1980
Booher v. Adams County Farmers Mutual Fire & Lightning Insurance neutral
nd · 1926
1 sentence

1980I am aware of the case of Lamoreaux v. Randall, (1926) 53 N.D. 697 , 208 N.W. 104 , wherein the court stated that sometimes in the case of conversion of crops the measure of damages could be computed upon the basis of the highest market value between the date of conversion and the date of verdict.

11980–1980
Lamoreaux v. Randall neutral
· 1926
1 sentence

1980I am aware of the case of Lamoreaux v. Randall, (1926) 53 N.D. 697 , 208 N.W. 104 , wherein the court stated that sometimes in the case of conversion of crops the measure of damages could be computed upon the basis of the highest market value between the date of conversion and the date of verdict.

11980–1980
Bennett v. State green
indctapp · 1973
11974–1974
Mealey v. Kanealy green
iowa · 1939
11954–1954
Bissell v. Wert neutral
ind · 1871
11929–1929
Modern Woodmen of America v. Craiger green
ind · 1910
11929–1929
In re the Charges Against Darrow green
ind · 1910
11929–1929
Rankin v. McCollister neutral
ind · 1910
11929–1929
Indianapolis Traction & Terminal Co v. Croly green
ind · 1911
11926–1926
Thomas v. Thomas neutral
mo · 1899
11919–1919
Johnson v. . City of New York green
ny · 1906
11916–1916
Denny v. Moore neutral
ind · 1859
11867–1867

Where else courts name it

CA 226 (1907–2026) LA 168 (1941–2025) TX 156 (1905–2021) PA 112 (1911–2026) NY 81 (1891–2026) TN 77 (1904–2026) IL 59 (1872–2024) CT 55 (1857–2021) MA 55 (1874–2024) MO 47 (1905–2020) FL 43 (1914–2019) AL 40 (1894–2024) MD 38 (1939–2025) WV 36 (1935–2020) IN 36 (1867–2019) WI 32 (1891–2025) KS 28 (1904–2024) GA 27 (1895–2018) MI 26 (1889–2022) WA 23 (1910–2024) OK 21 (1908–2009) NC 21 (1895–2022) OH 21 (1906–2026) MT 21 (1919–2022) KY 20 (1917–2022) DE 20 (1972–2025) RI 19 (1968–2022) ME 16 (1947–2024) SC 16 (1929–2022) AZ 16 (1916–2020) OR 15 (1922–2025) MS 15 (1956–2020) NE 15 (1884–2021) VA 14 (1927–2015) AR 14 (1941–2026) NJ 14 (1891–2019) WY 14 (1948–1999) NM 12 (1950–2025) AK 11 (1964–2001) UT 10 (1958–2021) IA 9 (1962–2025) DC 9 (1956–2016) MN 8 (1900–2006) CO 8 (1952–2008) NV 7 (1991–2009) VT 7 (1967–2026) NH 5 (1986–2021) ID 5 (1968–2012) HI 4 (1982–2017) ND 4 (1950–1991) SD 3 (1979–2010) VI 2 (1988–2010)

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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