direct challenge (Indiana) · Go Syfert
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direct challenge in Indiana

32 Indiana opinions name it 2 courts 1885–2025 1 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
Shawn Blount v. State of Indianagreen
ind · 2014 · cited in 4 Indiana opinions naming this issue, 2017–2019
2 sentences

2019R. 403; see also Blount, 22 N.E.3d at 565 (noting course-of-investigation testimony “is of little value absent Court of Appeals of Indiana | Opinion 19A-CR-490 | September 18, 2019 Page 6 of 12 a direct challenge to the legitimacy of the investigation”).

2019Indeed, such testimony is of little value absent a direct challenge to the legitimacy of the investigation.” Id. at 565 (citation omitted). [23] In Craig v. State, 630 N.E.2d 207, 211 (Ind. 1994), our supreme court articulated the following three-part test to make such determinations: 1.

34
Jordan v. Deerygreen
ind · 1993 · cited in 2 Indiana opinions naming this issue, 2010–2010
2 sentences

2010See Jordan, 609 N.E.2d at 1108 .

2010See Jordan, 609 N.E.2d at 1108 .

22
Barth v. Barthgreen
ind · 1995 · cited in 2 Indiana opinions naming this issue, 1998–2002
2 sentences

2002Id.

1998See Barth II, 659 N.E.2d at 562 .

12
Craig v. Stategreen
ind · 1994 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Indeed, such testimony is of little value absent a direct challenge to the legitimacy of the investigation.” Id. at 565 (citation omitted). [23] In Craig v. State, 630 N.E.2d 207, 211 (Ind. 1994), our supreme court articulated the following three-part test to make such determinations: 1.

11
State v. Huntergreen
indctapp · 2009 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017See Appellee’s Br. at 11 (citing State v. Hunter, 904 N.E.2d 371, 373 (Ind. Ct. App. 2009)).

11
Jones v. Basingergreen
ca7 · 2011 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014E.g., Jones, 635 F.3d at 1046 (“The probative value of a tip on which an investigation was based is marginal, at best, absent perhaps a'(relevant) allegation of police impropriety.” (internal quotations omitted)); McIntyre v. State, 717 N.E.2d 114, 123 (Ind.1999) (finding, although witness’s out-of-court statement showed police did not act “arbitrarily in their investigation,” it lacked probative value since the “propriety of the police investigation was not otherwise questioned”); see also infra note 3.

11
McIntyre v. Stategreen
ind · 1999 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014E.g., Jones, 635 F.3d at 1046 (“The probative value of a tip on which an investigation was based is marginal, at best, absent perhaps a'(relevant) allegation of police impropriety.” (internal quotations omitted)); McIntyre v. State, 717 N.E.2d 114, 123 (Ind.1999) (finding, although witness’s out-of-court statement showed police did not act “arbitrarily in their investigation,” it lacked probative value since the “propriety of the police investigation was not otherwise questioned”); see also infra note 3.

11
Shields v. Gerhartgreen
vt · 1995 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006Disabilities, 64 Ohio St.3d 252 , 594 N.E.2d 959, 961-62 (1992) (public employees have no right of action against their public employer for alleged violations of free speech when there are adequate statutory remedies); Shields, 658 A.2d at 934 (private civil action for damages not available against a state agency and its personnel because an existing administrative scheme created a reasonably adequate remedy). 23 .

11
Phillips v. Youth Development Program, Inc.green
mass · 1983 · cited in 1 Indiana opinions naming this issue, 2006–2006
2 sentences

2006Program, Inc., 390 Mass. 652 , 459 N.E.2d 453, 457 (1983) (noting in dicta that when there are no other remedies for an alleged dismissal from employment without due process, it is appropriate for the courts to imply one under the state constitution); Corum, 413 S.E.2d at 289 ("in the absence of an adequate state remedy, one whose state constitutional rights have been abridged has a direct claim against the State under our Constitution”); Provens v. Stark County Bd. of Mental Retardation & Dev.

2006Program, Inc., 390 Mass. 652 , 459 N.E.2d 453, 457 (1983) (noting in dicta that when there are no other remedies for an alleged dismissal from employment without due process, it is appropriate for the courts to imply one under the state constitution); Corum, 413 S.E.2d at 289 ("in the absence of an adequate state remedy, one whose state constitutional rights have been abridged has a direct claim against the State under our Constitution”); Provens v. Stark County Bd. of Mental Retardation & Dev.

11
Provens v. Stark County Board of Mental Retardation & Developmental Disabilitiesgreen
ohio · 1992 · cited in 1 Indiana opinions naming this issue, 2006–2006
2 sentences

2006Disabilities, 64 Ohio St.3d 252 , 594 N.E.2d 959, 961-62 (1992) (public employees have no right of action against their public employer for alleged violations of free speech when there are adequate statutory remedies); Shields, 658 A.2d at 934 (private civil action for damages not available against a state agency and its personnel because an existing administrative scheme created a reasonably adequate remedy). 23 .

2006Disabilities, 64 Ohio St.3d 252 , 594 N.E.2d 959, 961-62 (1992) (public employees have no right of action against their public employer for alleged violations of free speech when there are adequate statutory remedies); Shields, 658 A.2d at 934 (private civil action for damages not available against a state agency and its personnel because an existing administrative scheme created a reasonably adequate remedy). 23 .

11
Corum v. University of North Carolinagreen
· 1992 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006Program, Inc., 390 Mass. 652 , 459 N.E.2d 453, 457 (1983) (noting in dicta that when there are no other remedies for an alleged dismissal from employment without due process, it is appropriate for the courts to imply one under the state constitution); Corum, 413 S.E.2d at 289 ("in the absence of an adequate state remedy, one whose state constitutional rights have been abridged has a direct claim against the State under our Constitution”); Provens v. Stark County Bd. of Mental Retardation & Dev.

11
Commonwealth v. Lopezgreen
mass · 1998 · cited in 1 Indiana opinions naming this issue, 2004–2004
2 sentences

2004See 690 N.E.2d at 813-14 (referring to a defendant's dilatoriness in not directly challenging his plea).

2004See 690 N.E.2d at 813-14 (referring to a defendant's dilatoriness in not directly challenging his plea).

11
Ashwander v. Tennessee Valley Authoritygreen
scotus · 1936 · cited in 1 Indiana opinions naming this issue, 1998–1998
2 sentences

1998See Ashwander, 297 U.S. at 347 , 56 S.Ct. at 483 (Brandéis, J., concurring) (“The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.” (citations and internal 'quotation marks omitted)).

1998See Ashwander, 297 U.S. at 347 , 56 S.Ct. at 483 (Brandéis, J., concurring) (“The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.” (citations and internal 'quotation marks omitted)).

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 (22)

CaseCitedYears
McGee v. Reynolds green
indctapp · 1993
2 sentences

2018McGee appealed. [17] A panel of this court affirmed the trial court's decision to set aside the default judgment and explained that the "failure to answer a direct inquiry from an insurer concerning his client's claim when coupled with the failure to provide the insurer with notice of a pending law suit smack of chicanery and unfair advantage." Id. at 41 .

1996In upholding the trial court’s grant of a Trial Rule 60(B)(3) motion to set aside default judgment, this court noted that the decision of plaintiffs attorney not to answer the direct inquiry showed a lack of good faith and “smackfed] of chicanery and unfair advantage.” Id. at 41 .

21996–2018
King v. State green
indctapp · 1979
2 sentences

1985Goldsmith, supra, is a question we need not address, because we hold that Crose's motion to dismiss was an improper collateral attack on Special Prosecutor Smith's authority. 4 In King v. State (1979) 2d Dist.Ind.App., 397 N.E.2d 1260 , we held that an information signed by the special prosecutor who allegedly lacked requisite authority, was not subject to collateral attack. 5 We there stated that a public officer acting under claim or color of right was a de facto public official whose acts could only be questioned "by a direct challenge against the individual who purports to hold the office.

1985Goldsmith, supra, is a question we need not address, because we hold that Crose's motion to dismiss was an improper collateral attack on Special Prosecutor Smith's authority. 4 In King v. State (1979) 2d Dist.Ind.App., 397 N.E.2d 1260 , we held that an information signed by the special prosecutor who allegedly lacked requisite authority, was not subject to collateral attack. 5 We there stated that a public officer acting under claim or color of right was a de facto public official whose acts could only be questioned "by a direct challenge against the individual who purports to hold the office.

21985–1988
Washington v. State green
indctapp · 2001
1 sentence

2025Id. [11] Ewing admitted violating this provision when he pled guilty to his charge of Failure to Return to Lawful Detention as a Level 6 felony stemming from his work release violation.

12025–2025
Kimberly K. Robinson, in her official capacity as Trustee of Calumet Township, Indiana, and as a resident and taxpayer of Calumet Township v. Indiana Department of Local Government Finance green
indctapp · 2018
2 sentences

2019Observing that it was not a typical collection matter, the Court clarified: “Although not a direct challenge to a tax collection, this case clearly revolves around an earlier step in the taxation or assessment process.” Id. [13] More recently, in D.A.Y.

2019As in Robinson, this matter is not a direct challenge to a tax collection, but it arose from the “taxation or assessment process.” 99 N.E.3d at 690 .

12019–2019
D.A.Y. Investments LLC, Andy's Truck & Equipment Co., Gold Coast Rand Development Co., Surplus Management Systems LLC, Gary II LLC and Andrew Young v. Lake County, Indiana green
indctapp · 2018
2 sentences

2019Investments LLC v. Lake County, 106 N.E.3d 500 (Ind. Ct. App. 2018), a panel of this Court reviewed a dismissal, for lack of subject matter jurisdiction, of a complaint by several plaintiffs, collectively referred to as “Owners,” against defendants collectively referred to as “Lake County Defendants.” The Owners sought to enforce a settlement agreement that allegedly “required the Lake County Defendants to assess their 1,800 parcels at the values agreed to and listed in Exhibit A.” Id. at 505 .

2019Investments LLC v. Lake County, 106 N.E.3d 500 (Ind. Ct. App. 2018), a panel of this Court reviewed a dismissal, for lack of subject matter jurisdiction, of a complaint by several plaintiffs, collectively referred to as “Owners,” against defendants collectively referred to as “Lake County Defendants.” The Owners sought to enforce a settlement agreement that allegedly “required the Lake County Defendants to assess their 1,800 parcels at the values agreed to and listed in Exhibit A.” Id. at 505 .

12019–2019
Purcell v. Southern Hills Investments, LLC green
indctapp · 2006
1 sentence

2018The Court also stated that "[b]ecause [the plaintiff was] asserting a direct claim addressing a harm in its own name and not a derivative claim of corporate harm in the name of [a limited liability company] under the guise of a direct claim, we do not need to investigate whether the Barth exception is applicable." Id. [38] Based upon the record, including that Alisa has been the majority member of BioConvergence, we cannot conclude that the trial court abused its discretion by declining to find that Julie's claim regarding excessive payments was frivolous based on the idea that she may have be

12018–2018
Jensen v. State green
ind · 2009
1 sentence

2012Id.

12012–2012
DiMizio v. Romo green
indctapp · 2001
2 sentences

2004The Act defines "misappropriation" in relevant part as the "acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means." Id.

2004The Act defines "misappropriation" in relevant part as the "acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means." Id.

12004–2004
Stevens v. State green
ind · 2002
1 sentence

2003Stevens, 770 N.E.2d at 760 .

12003–2003
Scott-Reitz Ltd. v. Rein Warsaw Associates green
indctapp · 1995
1 sentence

1998As discussed in Subsection A, supra, our supreme court noted in Barth II that a trial court may, under certain circumstances, permit a direct claim by the minority shareholder against the corporation which necessarily bypasses the strict requirements set forth in I.C. § 23-1-32-1 et seq.

11998–1998
Wininger v. State green
indctapp · 1988
1 sentence

1996Id.

11996–1996
Anglemyer v. United States green
mdd · 1990
2 sentences

1994Id. at 514 .

1994Id. at 514 .

11994–1994
Lewis v. State green
ind · 1978
2 sentences

1987Prater v. State (1984), Ind., 459 N.E.2d 39 ; Mason v. State (1982), Ind., 440 N.E.2d 457 ; Lewis v. State (1978), 268 Ind. 398 , 375 N.E.2d 1102 .

1987Prater v. State (1984), Ind., 459 N.E.2d 39 ; Mason v. State (1982), Ind., 440 N.E.2d 457 ; Lewis v. State (1978), 268 Ind. 398 , 375 N.E.2d 1102 .

11987–1987
Mason v. State green
ind · 1982
1 sentence

1987Prater v. State (1984), Ind., 459 N.E.2d 39 ; Mason v. State (1982), Ind., 440 N.E.2d 457 ; Lewis v. State (1978), 268 Ind. 398 , 375 N.E.2d 1102 .

11987–1987
Prater v. State green
ind · 1984
1 sentence

1987Prater v. State (1984), Ind., 459 N.E.2d 39 ; Mason v. State (1982), Ind., 440 N.E.2d 457 ; Lewis v. State (1978), 268 Ind. 398 , 375 N.E.2d 1102 .

11987–1987
State Ex Rel. Goldsmith v. Superior Court of Hancock County green
ind · 1979
1 sentence

1985Goldsmith, supra, is a question we need not address, because we hold that Crose's motion to dismiss was an improper collateral attack on Special Prosecutor Smith's authority. 4 In King v. State (1979) 2d Dist.Ind.App., 397 N.E.2d 1260 , we held that an information signed by the special prosecutor who allegedly lacked requisite authority, was not subject to collateral attack. 5 We there stated that a public officer acting under claim or color of right was a de facto public official whose acts could only be questioned "by a direct challenge against the individual who purports to hold the office.

11985–1985
Crosby v. Grandview Nursing Home green
me · 1972
1 sentence

1980The Commissioner misconstrued the facts and his error is one of law which this Court must correct.” 290 A.2d at 383 .

11980–1980
Kelsay v. Chicago, Cincinnati & Louisville Railroad neutral
indctapp · 1907
11916–1916
Indianapolis Gas Co. v. Shumack neutral
indctapp · 1899
11911–1911
Graham v. Chicago, Indianapolis & Louisville Railway Co. neutral
indctapp · 1906
11911–1911
Fischli v. Fischli green
ind · 1825
11904–1904
Bristor v. Bristor neutral
ind · 1883
11885–1885

Where else courts name it

CA 131 (1925–2025) NY 127 (1836–2026) PA 125 (1895–2025) NC 94 (1904–2025) DE 89 (1959–2026) TX 78 (1872–2026) IL 76 (1900–2026) GA 68 (1894–2026) MO 63 (1914–2023) AL 60 (1918–2025) MI 58 (1874–2026) NJ 55 (1968–2026) LA 49 (1934–2024) OH 41 (1905–2025) WA 39 (1913–2025) FL 37 (1958–2025) WI 37 (1876–2025) IN 32 (1885–2025) OR 31 (1907–2025) AR 31 (1899–2026) MA 31 (1975–2024) IA 28 (1899–2024) TN 27 (1919–2025) UT 26 (1942–2024) CT 24 (1978–2023) AZ 22 (1967–2025) MD 22 (1988–2025) MN 17 (1932–2025) OK 15 (1920–2020) KS 15 (1890–2024) NM 13 (1963–2025) NE 13 (1871–2021) ID 12 (1905–2023) DC 12 (1914–2024) KY 12 (1917–2025) CO 12 (1977–2013) MS 11 (1947–2024) WY 11 (1978–2024) RI 10 (1981–2022) HI 10 (1925–2024) ME 9 (1992–2018) SD 9 (1946–2015) NH 9 (1852–2007) VT 9 (1963–2025) WV 8 (1951–2023) AK 7 (1995–2025) MT 6 (1913–2018) NV 6 (2017–2025) VA 6 (1905–2025) ND 5 (1919–2019) SC 2 (2006–2008)

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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