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.
| Case | Followed | Cited |
|---|---|---|
Childress v. Stategreen2 sentences2014Childress 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). | 4 | 4 |
State v. Renzulligreen1 sentence2014DISCUSSION 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)). | 1 | 1 |
Bailey v. Stategreen1 sentence2014Bailey v. State, 907 N.E.2d 1003, 1005 (Ind. 2009). | 1 | 1 |
State v. Quirkgreen1 sentence2014DISCUSSION 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)). | 1 | 1 |
Ruben Gonzalez v. State of Indianagreen1 sentence2014“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). | 1 | 1 |
Gregory Kirk v. State of Indianagreen1 sentence2014For a discussion of our analysis of that issue, please see Kirk v. State, 974 N.E.2d 1059, 1069-70 (Ind. Ct. App. 2012). | 1 | 1 |
Mendoza v. Stategreen1 sentence2013However, “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 | 1 | 1 |
Windhorst v. Stategreen1 sentence2013However, “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 | 1 | 1 |
Overstreet v. Stategreen1 sentence2013Generally, “[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). | 1 | 1 |
Ryan Shelby v. State of Indianagreen1 sentence2013However, “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 | 1 | 1 |
Ware v. Stategreen1 sentence2004Ware v. State, 782 N.E.2d 478, 481 (Ind.Ct.App.2003). | 1 | 1 |
United States v. Mantongreen1 sentence1980The 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. | 1 | 1 |
| First City Trust & Savings Bank v. Doolittlegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Indianapolis v. Hicks ex rel. Richards
green
2 sentences2014The 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 . | 2 | 2014–2014 |
JD v. State
green
2 sentences2006Discussion 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). | 2 | 2006–2006 |
Lake Erie & Western Railroad v. Halleck
neutral
2 sentences1977Co. 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. | 2 | 1925–1977 |
Adrian Durden v. State of Indiana
green
1 sentence2019For 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). | 1 | 2019–2019 |
Love v. Bolinger
green
1 sentence2017Logan argues that the reasoning of Love v. Bolinger, 927 F.Supp. 1131 (S.D. | 1 | 2017–2017 |
Jim A. Edsall v. State of Indiana
green
1 sentence2014“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). | 1 | 2014–2014 |
English v. Vazquez
green
1 sentence2013Generally, “[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). | 1 | 2013–2013 |
In Re: Visitation M.L.B.: K.J.R. v. M.A.B.
green
1 sentence2013In 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). | 1 | 2013–2013 |
Applegate v. United States
green
1 sentence2013Generally, “[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). | 1 | 2013–2013 |
Giovanoni v. INDIANA DEPT. OF WRKFRC. DEVT.
green
2 sentences2010In 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. | 1 | 2010–2010 |
Sellmer v. State
green
2 sentences2006As 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. | 1 | 2006–2006 |
Jd v. Ew by Cw
green
1 sentence1995J.D. v. *173 E.W. (1993), Ind.App., 610 N.E.2d 289, 290 . | 1 | 1995–1995 |
Indiana Department of State Revenue v. Caylor-Nickel Clinic, P.C.
green
1 sentence1993When 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. | 1 | 1993–1993 |
White v. State
green
1 sentence1986DISCUSSION 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. | 1 | 1986–1986 |
IND ED. EMP. REL. BD. v. Bd. of Sch. Trust.
green
1 sentence1982The 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 . | 1 | 1982–1982 |
Colacicco v. United States
green
1 sentence1980The 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. | 1 | 1980–1980 |
Booher v. Adams County Farmers Mutual Fire & Lightning Insurance
neutral
1 sentence1980I 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. | 1 | 1980–1980 |
Lamoreaux v. Randall
neutral
1 sentence1980I 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. | 1 | 1980–1980 |
| Bennett v. State green | 1 | 1974–1974 |
| Mealey v. Kanealy green | 1 | 1954–1954 |
| Bissell v. Wert neutral | 1 | 1929–1929 |
| Modern Woodmen of America v. Craiger green | 1 | 1929–1929 |
| In re the Charges Against Darrow green | 1 | 1929–1929 |
| Rankin v. McCollister neutral | 1 | 1929–1929 |
| Indianapolis Traction & Terminal Co v. Croly green | 1 | 1926–1926 |
| Thomas v. Thomas neutral | 1 | 1919–1919 |
| Johnson v. . City of New York green | 1 | 1916–1916 |
| Denny v. Moore neutral | 1 | 1867–1867 |
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.