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30 Indiana opinions name it 2 courts 1983–2019 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 |
|---|---|---|
Lashbrooks v. Schultzgreen2 sentences2005"A trial court should give a tendered instruction if the instruction correctly states the law, the evidence supports the instruction, and the substance of the charge is not covered by other instructions." Lashbrooks v. Schultz, 793 N.E.2d 1211, 1218 (Ind.Ct.App.2003), trans. dis missed, (quoting Sikora v. Fromm, 782 N.E.2d 355, 361 (Ind.Ct.App.2002) (citations omitted), trams. denied (2003)). 2005"A trial court should give a tendered instruction if the instruction correctly states the law, the substance of the charge is not covered by other instructions, and the evidence supports the instruction." Lashbrooks v. Schultz, 793 N.E.2d 1211, 1213 (Ind.Ct.App.20083), trams. pet. dismissed. "[Elach party to an action is entitled to have the jury instructed upon his particular theory of complaint or defense." Sullivan v. Fairmont Homes, Inc., 543 N.E.2d 1130, 1137 (Ind.Ct.App.1989), trans. denied; see also Barnard v. Himes, 719 N.E.2d 862, 868 (Ind.Ct.App.1999), trans. denied. | 2 | 3 |
Sikora v. Frommgreen2 sentences2005"A trial court should give a tendered instruction if the instruction correctly states the law, the evidence supports the instruction, and the substance of the charge is not covered by other instructions." Lashbrooks v. Schultz, 793 N.E.2d 1211, 1218 (Ind.Ct.App.2003), trans. dis missed, (quoting Sikora v. Fromm, 782 N.E.2d 355, 361 (Ind.Ct.App.2002) (citations omitted), trams. denied (2003)). 2005"A trial court should give a tendered instruction if the instruction correctly states the law, the evidence supports the instruction, and the substance of the charge is not covered by other instructions." Lashbrooks v. Schultz, 793 N.E.2d 1211, 1213 (Ind.Ct.App.2003), trans. dismissed, (quoting Sikora v. Fromm, 782 N.E.2d 355, 361 (Ind.Ct.App.2002) (citations omitted), trans. denied (2003)). | 2 | 2 |
Davis v. Stategreen2 sentences1992See also Davis v. State (1976), 265 Ind. 476 , 355 N.E.2d 836 . 1992See also Davis v. State (1976), 265 Ind. 476 , 355 N.E.2d 836 . | 1 | 4 |
City of Terre Haute v. Simpsongreen2 sentences2005Although the sudden emergency doctrine is often described as an affirmative defense 1 , "it does not act to excuse fault, but rather defines the conduct to be expected of a prudent person in an emergency situation." City of Terre Haute v. Simpson, 746 N.E.2d 359, 367 (Ind.Ct.App.2001), trams. denied. 2002Id. | 1 | 2 |
Smith v. Stategreen2 sentences2010See Smith v. State, 636 N.E.2d 124, 127 (Ind.1994) (holding that the State need not disprove the defense of abandonment unless and until the evidence supports the defense, at which point the State must disprove the defense beyond a reasonable doubt). 2010See Smith, 636 N.E.2d at 127 (holding that the State bears burden of disproving the defense of abandonment beyond a reasonable doubt if the evidence supports the defense). | 1 | 1 |
Sullivan v. Fairmont Homes, Inc.green1 sentence2005"A trial court should give a tendered instruction if the instruction correctly states the law, the substance of the charge is not covered by other instructions, and the evidence supports the instruction." Lashbrooks v. Schultz, 793 N.E.2d 1211, 1213 (Ind.Ct.App.20083), trams. pet. dismissed. "[Elach party to an action is entitled to have the jury instructed upon his particular theory of complaint or defense." Sullivan v. Fairmont Homes, Inc., 543 N.E.2d 1130, 1137 (Ind.Ct.App.1989), trans. denied; see also Barnard v. Himes, 719 N.E.2d 862, 868 (Ind.Ct.App.1999), trans. denied. | 1 | 1 |
Barnard v. Himesgreen1 sentence2005"A trial court should give a tendered instruction if the instruction correctly states the law, the substance of the charge is not covered by other instructions, and the evidence supports the instruction." Lashbrooks v. Schultz, 793 N.E.2d 1211, 1213 (Ind.Ct.App.20083), trams. pet. dismissed. "[Elach party to an action is entitled to have the jury instructed upon his particular theory of complaint or defense." Sullivan v. Fairmont Homes, Inc., 543 N.E.2d 1130, 1137 (Ind.Ct.App.1989), trans. denied; see also Barnard v. Himes, 719 N.E.2d 862, 868 (Ind.Ct.App.1999), trans. denied. | 1 | 1 |
Brown v. Stategreen1 sentence1999Because the defendant did not identify a serious evidentiary dispute to support a reckless homicide instruction, we will review this refusal for an abuse of discretion. 1 See Brown v. State, 703 N.E.2d 1010, 1019 (Ind. 1998). | 1 | 1 |
Fisher v. Stategreen1 sentence1997Whittle v. State, 542 N.E.2d 981, 991 (Ind.1989); Fisher v. State, 468 N.E.2d 1365, 1369 (Ind.1984). | 1 | 1 |
Marshall v. Stategreen1 sentence1997Even if, however, defendant had properly preserved the issue for appeal, his argument would still fail, for defendant has not explained how the State’s amendment prejudiced his substantial rights. 5 It is not surprising that he could not do so because, as even defendant appears to concede, under the relevant statutory provision, 6 there is no distinction between the criminal responsibility of a principal or an accomplice, Marshall v. State, 621 N.E.2d 308, 313 (Ind.1993), and even without an amendment, the State would be entitled to a jury instruction on accessory liability provided that the e | 1 | 1 |
Whittle v. Stategreen1 sentence1997Whittle v. State, 542 N.E.2d 981, 991 (Ind.1989); Fisher v. State, 468 N.E.2d 1365, 1369 (Ind.1984). | 1 | 1 |
Presnoples v. Presnoplesgreen1 sentence1983See, Presnoples, supra 147 Ind.App. at 895 , 261 N.E.2d at 78 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Flowers v. State
green
2 sentences1992In Flowers v. State (1985), Ind., 481 N.E.2d 100, 103 , this Court said that when reviewing the denial of a tendered instruction, three factors must be considered: (1) Whether the instruction correctly states the law; (2) whether the evidence supports the instruction; and (3) whether other instructions have adequately covered the substance of the tendered instruction. 1992In Flowers v. State (1985), Ind., 481 N.E.2d 100, 103 , this Court said that when reviewing the denial of a tendered instruction, three factors must be considered: (1) Whether the instruction correctly states the law; (2) whether the evidence supports the instruction; and (8) whether other instructions have adequately covered the substance of the tendered instruction. | 5 | 1986–1992 |
Smock Materials Handling Co., Inc. v. Kerr
green
2 sentences2003Id. 2001Id. | 4 | 2000–2003 |
Control Techniques, Inc. v. Johnson
green
2 sentences2017Id. 2001Id. | 2 | 2001–2017 |
John Hernandez v. State of Indiana
green
1 sentence2019Id. | 1 | 2019–2019 |
Ringham v. State
green
1 sentence2010We find Ringham, supra, to be disposi-tive of Munford's claim. | 1 | 2010–2010 |
Jackson v. State
green
2 sentences2005For example, in Jackson v. State, 237 Ga.App. 746 , 516 S.E.2d 792 (1999), there was evidence Jackson had a confrontation forced on him, was not at fault in continuing the confrontation, and could reasonably have believed the victim was going to assault him. 2005For example, in Jackson v. State, 237 Ga.App. 746 , 516 S.E.2d 792 (1999), there was evidence Jackson had a confrontation forced on him, was not at fault in continuing the confrontation, and could reasonably have believed the victim was going to assault him. | 1 | 2005–2005 |
Willis v. Westerfield
green
1 sentence2004Id. | 1 | 2004–2004 |
Smith v. State
green
1 sentence1992Smith v. State (1984), Ind., 468 N.E.2d 512 . | 1 | 1992–1992 |
Bryan v. State
green
1 sentence1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. | 1 | 1991–1991 |
Loyd v. State
green
2 sentences1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. 1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. | 1 | 1991–1991 |
Sorrells v. Tennessee
green
1 sentence1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. | 1 | 1991–1991 |
Aldridge v. California
green
1 sentence1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. | 1 | 1991–1991 |
Myers v. State
green
2 sentences1988Myers v. State (1987), Ind., 510 N.E.2d 1360, 1367 . 1988Myers v. State (1987), Ind., 510 N.E.2d 1360, 1367 . | 1 | 1988–1988 |
Richey v. State
green
1 sentence1988Richey v. State (1981), Ind., 426 N.E.2d 389 . | 1 | 1988–1988 |
Trinity Lutheran Church, Inc. of Evansville v. Miller
green
1 sentence1986Trinity Lutheran Church, Inc. of Evansville v. Miller, (1983) Ind.App., 451 N.E.2d 1099, 1103 . | 1 | 1986–1986 |
Bank of New York v. Bright
green
1 sentence1986Therefore, while we concur with Bender that Trial Rule 15(B) promotes relief for a party based upon the evidence actually forthcoming at trial, notwithstanding the initial direction set by the pleading, Bank of New York v. Bright, (1986) Ind.App., 494 N.E.2d 970, 974 , we do not find the evidence supports a claim for severance pay, and thus, the theory was not properly before the trial court. | 1 | 1986–1986 |
Durham v. State
green
1 sentence1983The evidence supports an instruction which would be more specifically tailored to a verbatim statement of the law set forth in Durham, supra at 574-75 , 159 N.E. 145 at 147 . | 1 | 1983–1983 |
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.
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.