section 35-38-4-2(5) appeals (Indiana) · Go Syfert
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section 35-38-4-2(5) appeals in Indiana

7 Indiana opinions name it 1 courts 2001–2019 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 (4)

CaseFollowedCited
State v. Aynesgreen
indctapp · 1999 · cited in 2 Indiana opinions naming this issue, 2001–2016
2 sentences

2016See State v. Estep, 753 N.E.2d 22 , 24 n.5 (Ind. Ct. App. 2001) (explaining that when the State initiates an appeal pursuant to INDIANA CODE § 35-38-4-2(5), it “represents” that the ultimate effect of the order granting a motion to suppress is to preclude further prosecution); State v. Aynes, 715 N.E.2d 945, 948 (Ind. Ct. App. 1999) (holding that the State’s initiation of an appeal from the denial of a motion to suppress “constitutes a ‘judicial admission’ that prosecution cannot proceed without the suppressed evidence”), reh’g denied.

2001See State v. Aynes, 715 N.E.2d 945, 948 (Ind.Ct.App.1999) (State's initiation of appeal under Ind.Code § 35-38-4-2(5) constitutes judicial admission that prosecution cannot proceed without the suppressed evidence).

22
State v. Washingtongreen
ind · 2008 · cited in 2 Indiana opinions naming this issue, 2011–2011
2 sentences

2011State v. Washington, 898 N.E.2d 1200, 1203 (Ind.2008).

2011State v. Washington, 898 N.E.2d 1200, 1203 (Ind.2008).

22
State v. Estepgreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2016–2016
2 sentences

2016See State v. Estep, 753 N.E.2d 22 , 24 n.5 (Ind. Ct. App. 2001) (explaining that when the State initiates an appeal pursuant to INDIANA CODE § 35-38-4-2(5), it “represents” that the ultimate effect of the order granting a motion to suppress is to preclude further prosecution); State v. Aynes, 715 N.E.2d 945, 948 (Ind. Ct. App. 1999) (holding that the State’s initiation of an appeal from the denial of a motion to suppress “constitutes a ‘judicial admission’ that prosecution cannot proceed without the suppressed evidence”), reh’g denied.

2016See State v. Estep, 753 N.E.2d 22 , 24 n.5 (Ind. Ct. App. 2001) (explaining that when the State initiates an appeal pursuant to INDIANA CODE § 35-38-4-2(5), it “represents” that the ultimate effect of the order granting a motion to suppress is to preclude further prosecution); State v. Aynes, 715 N.E.2d 945, 948 (Ind. Ct. App. 1999) (holding that the State’s initiation of an appeal from the denial of a motion to suppress “constitutes a ‘judicial admission’ that prosecution cannot proceed without the suppressed evidence”), reh’g denied.

11
State v. Lindsaygreen
indctapp · 2007 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011State v. Lindsay, 862 N.E.2d 314, 317 (Ind.Ct.App.2007), trans. denied.

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 (2)

CaseCitedYears
Watt v. State green
indctapp · 1980
1 sentence

2019Watt v. State , 412 N.E.2d 90 , 95 (Ind. Ct. App. 1980).

12019–2019
State v. Morris green
indctapp · 2000
1 sentence

2002State v. Morris, 732 N.E.2d 224 , 226 n. 1 (Ind.Ct.App.2000). 5 .

12002–2002

Statutes the citing opinions construe

IN § Ind. Code § 35-38-4-2 (7)

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.

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