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26 Indiana opinions name it 3 courts 1941–2023 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.
| Case | Followed | Cited |
|---|---|---|
Aaron L. Fansler v. State of Indianagreen2 sentences2023However, a ruling is reviewed de novo when it turns on the interpretation of a rule of evidence.” Weed v. State, 192 N.E.3d 247 , 249 (Ind. Ct. App. 2022) (citing Warren v. State, 182 N.E.3d 925 , 932 (Ind. Ct. App. 2022); Fansler v. State, 100 N.E.3d 250, 253 (Ind. 2018)). 2018Fansler v. State, 100 N.E.3d 250, 253 (Ind. 2018). [9] Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered into evidence to prove the truth of the matter Court of Appeals of Indiana | Memorandum Decision 49A05-1711-CR-2653 | December 11, 2018 Page 5 of 9 asserted. | 2 | 2 |
Stahl v. Stategreen2 sentences2006Stahl v. State, 686 N.E.2d 89, 91 (Ind.1997). 2006Stahl v. State, 686 N.E.2d 89, 91 (Ind.1997). | 2 | 2 |
Storey Oil Co. v. American States Insurancegreen2 sentences2007Diesel rejected the “injury” requirement in Burris in favor of a broad interpretation of the rule as set forth in Storey Oil v. American States Ins., 622 N.E.2d 232 (Ind.Ct.App.1993). 1994In Diesel, the “injury” requirement of Burris and its progeny 1 was rejected in favor of a broad interpretation of the rule as set forth in Storey Oil v. American States Ins. (1993), Ind.App., 622 N.E.2d 232, 235 (T.R. 75(A)(2) is not limited to claims affecting ownership, possessory, or security interest in land; in action between insurer and insured, preferred venue lies in county where insured’s land which gives rise to insurance claim is located). . 634 N.E.2d at 1354 . | 1 | 2 |
Mario Watkins v. State of Indianagreen1 sentence2023Bauman claims that the witness’s opinion that “the person riding the motorcycle was scared and wanted out and the person driving the truck was trying to take him out[,]” was 9 We pause to note that, while our Supreme Court has made clear that the test announced in Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005), must be applied to all searches and seizures, and not just those of trash containers, see, e.g., Watkins v. State, 85 N.E.3d 597, 600 (Ind. 2017), this court has expressed divergent views with respect to whether the Litchfield analysis is necessary where we find a valid exception | 1 | 1 |
Litchfield v. Stategreen1 sentence2023Bauman claims that the witness’s opinion that “the person riding the motorcycle was scared and wanted out and the person driving the truck was trying to take him out[,]” was 9 We pause to note that, while our Supreme Court has made clear that the test announced in Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005), must be applied to all searches and seizures, and not just those of trash containers, see, e.g., Watkins v. State, 85 N.E.3d 597, 600 (Ind. 2017), this court has expressed divergent views with respect to whether the Litchfield analysis is necessary where we find a valid exception | 1 | 1 |
Gulf Stream Coach, Inc. v. Croningreen1 sentence2014Gulf Stream Coach, Inc. v. Cronin, 903 N.E.2d 109, 111 (Ind.Ct.App.2009) (noting that interpreting an Indiana Trial Rule presents a legal question to be reviewed de novo); see also Gast v. Hall, 858 N.E.2d 154 (Ind.Ct.App.2006) (noting that “a ruling is reviewed de novo when it turns on the interpretation of a rule of evidence”), reh’g denied, trans. denied. | 1 | 1 |
Gast v. Hallgreen1 sentence2014Gulf Stream Coach, Inc. v. Cronin, 903 N.E.2d 109, 111 (Ind.Ct.App.2009) (noting that interpreting an Indiana Trial Rule presents a legal question to be reviewed de novo); see also Gast v. Hall, 858 N.E.2d 154 (Ind.Ct.App.2006) (noting that “a ruling is reviewed de novo when it turns on the interpretation of a rule of evidence”), reh’g denied, trans. denied. | 1 | 1 |
Indiana Newspapers, Inc. v. Millergreen1 sentence2014“Although a rule adopted by the Supreme Court is not a statute, it has the same binding force as any formally promulgated statute,” and thus when we interpret rules of court “we follow the same rules of construction as when we interpret statutes.” Ind. Newspapers, Inc. v. Miller, 980 N.E.2d 852, 860 (Ind.Ct.App.2012), ajfd on reh’g, vacated on trans., 987 N.E.2d 70 (Ind.2013), trans. vacated and opinion reinstated, 994 N.E.2d 731 (Ind.2013). | 1 | 1 |
Manzon v. Stant Corp.green1 sentence2007See, e.g., Manzon v. Stant Corp., 138 F.Supp.2d 1110, 1114 (S.D.Ind.2001); Schwartz, 762 N.E.2d at 197-98 . | 1 | 1 |
Valentin v. Stategreen1 sentence1997See Valentin v. State, 685 N.E.2d 1100 (Ind.Ct.App.1997) (Friedlander, J., concurring in result) (because the text of Article 1, § 14 of the Indiana Constitution has not changed, neither does the interpretation or analysis); Sharp v. State, 684 N.E.2d 544 (Ind.Ct.App.1997) (concluding that Games v. State disapproved Indiana’s former double jeopardy analysis). | 1 | 1 |
Wright v. Allstate Insurance Co.green1 sentence1987See e.g., Wright v. Allstate Insurance Co. (1955), Tex.Civ.App., 285 S.W.2d 376 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tyler v. State
green
2 sentences2011Tyler v. State, 903 N.E.2d 463 , 467 n. 4 (Ind.2009). 2011Tyler v. State, 903 N.E.2d 463 , 467 n. 4 (Ind.2009). | 2 | 2011–2011 |
Diesel Const. Co., Inc. v. Cotten
green
2 sentences2007In following Storey, the Diesel court maintained “T.R. 75(A)(2) places venue in the county where the chattel [ ] is located if there is a claim for injuries to the chattel [ ] or if there is a claim relating to the chattel [ ].” (Emphasis added.) Diesel, 634 N.E.2d at 1353 . 1994In Diesel, the “injury” requirement of Burris and its progeny 1 was rejected in favor of a broad interpretation of the rule as set forth in Storey Oil v. American States Ins. (1993), Ind.App., 622 N.E.2d 232, 235 (T.R. 75(A)(2) is not limited to claims affecting ownership, possessory, or security interest in land; in action between insurer and insured, preferred venue lies in county where insured’s land which gives rise to insurance claim is located). . 634 N.E.2d at 1354 . | 2 | 1994–2007 |
Baker v. COMPTON
green
2 sentences1987The seminal Indiana case, Baker v. Compton, recognized this: 'Although the interpretation placed upon the statute by an administrative agency of this state may not be binding upon this court if the interpretation is incorrect, such interpretation as has been made and applied in a number of previous adoptions, is entitled to considerable weight. ...' General Foods, 427 N.E.2d at 671 (quoting Baker v. Compton, 211 N.E.2d at 164 ) (citations omitted). 1981The seminal Indiana case, Baker v. Compton, (1965) 247 Ind. 39 , 211 N.E.2d 162, 164 , recognized this: “Although the interpretation placed upon the statute by an administrative agency of the state may not be binding upon this Court if the interpretation is incorrect, such interpretation as has been made and applied in a number of previous adoptions, is entitled to considerable weight . . . . ” | 2 | 1981–1987 |
Hayworth v. Bromwell
green
2 sentences1963“In Hayworth v. Bromwell (1959), 239 Ind. 430, 437 , 158 N. E. 2d 285, 288 , we said: “ ‘Under the rule prevailing prior to the adoption or Rule 1-8A, supra, a jury trial could be demanded on the morning the trial was to begin. 1963“In Hayworth v. Bromwell (1959), 239 Ind. 430, 437 , 158 N. E. 2d 285, 288 , we said: “ ‘Under the rule prevailing prior to the adoption or Rule 1-8A, supra, a jury trial could be demanded on the morning the trial was to begin. | 2 | 1962–1963 |
Ground v. State
green
1 sentence2019Id. [25] Walters argues the certification used to authenticate the 6065 Phone records was not self-authenticating, reliable, or trustworthy because it was executed approximately eighteen months after production of the records, it was not notarized, the affidavit did not include the number of pages certified, and it did not "include any identification information by which anyone outside of possibly the proponent, Verizon, could tie the records to the phone number listed on the search warrant." (Br. of Appellant at 10.) The State counters that the certificate is a proper authentication for the p | 1 | 2019–2019 |
James E. Reed v. Review Board of the Indiana Department of Workforce Development, and A.W. Holdings, LLC
green
1 sentence2017In essence, J.G.’s entire argument amounts to the fact that client was not left alone when J.G. left the residence to purchase food because the hospice nurse was present to provide supervision. [24] J.G. likens her situation to Reed v. Review Bd. of Ind. Dep’t of Workforce Dev., 32 N.E.3d 814 (Ind. Ct. App. 2015). | 1 | 2017–2017 |
Indiana Newspapers, Inc. v. Miller
neutral
1 sentence2014“Although a rule adopted by the Supreme Court is not a statute, it has the same binding force as any formally promulgated statute,” and thus when we interpret rules of court “we follow the same rules of construction as when we interpret statutes.” Ind. Newspapers, Inc. v. Miller, 980 N.E.2d 852, 860 (Ind.Ct.App.2012), ajfd on reh’g, vacated on trans., 987 N.E.2d 70 (Ind.2013), trans. vacated and opinion reinstated, 994 N.E.2d 731 (Ind.2013). | 1 | 2014–2014 |
Schwartz v. Gary Community School Corp.
green
1 sentence2007See, e.g., Manzon v. Stant Corp., 138 F.Supp.2d 1110, 1114 (S.D.Ind.2001); Schwartz, 762 N.E.2d at 197-98 . | 1 | 2007–2007 |
Kenn Air Corp. v. GAINESVILLE-ALACHUA CTY. REGIONAL AIRPORT AUTH.
green
1 sentence2000Id. at 1223 . | 1 | 2000–2000 |
Sharp v. State
green
1 sentence1997See Valentin v. State, 685 N.E.2d 1100 (Ind.Ct.App.1997) (Friedlander, J., concurring in result) (because the text of Article 1, § 14 of the Indiana Constitution has not changed, neither does the interpretation or analysis); Sharp v. State, 684 N.E.2d 544 (Ind.Ct.App.1997) (concluding that Games v. State disapproved Indiana’s former double jeopardy analysis). | 1 | 1997–1997 |
Westinghouse Electric Corp. v. Garrett Corp.
green
1 sentence1997Corp. v. Garrett Corp. (1977) D.Md., 437 F.Supp. 1301 , affd, (1979) 4th Cir., 601 F.2d 155 , the court noted that despite a contract clause selecting state law to govern contract interpretation, federal law should be consulted with respect to the interpretation of standard government procurement regulations incorporated into the contract. | 1 | 1997–1997 |
cluster 367255
green
1 sentence1997Corp. v. Garrett Corp. (1977) D.Md., 437 F.Supp. 1301 , affd, (1979) 4th Cir., 601 F.2d 155 , the court noted that despite a contract clause selecting state law to govern contract interpretation, federal law should be consulted with respect to the interpretation of standard government procurement regulations incorporated into the contract. | 1 | 1997–1997 |
Delta Air Lines, Inc. v. August
green
2 sentences1992In particular, he looked to rule 54(A) which defined "judgment" as a "decree and any order from which an appeal lies." 450 U.S. at 370-371 , 101 S.Ct. at 1159 , 67 L.Ed.2d at 804 . 1992In particular, he looked to rule 54(A) which defined "judgment" as a "decree and any order from which an appeal lies." 450 U.S. at 370-371 , 101 S.Ct. at 1159 , 67 L.Ed.2d at 804 . | 1 | 1992–1992 |
State v. Robertson
green
2 sentences1991Article I, Section 9, of the Indiana Constitution provides: "No law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever; but for the abuse of that right, every person shall be responsible." Fordyce and the ICLU urge that this court adopt an interpretation of this clause similar to that reached by the Oregon supreme court in State v. Robertson (1982), 293 Or. 402 , 649 P.2d 569 . 1991Article I, Section 9, of the Indiana Constitution provides: "No law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever; but for the abuse of that right, every person shall be responsible." Fordyce and the ICLU urge that this court adopt an interpretation of this clause similar to that reached by the Oregon supreme court in State v. Robertson (1982), 293 Or. 402 , 649 P.2d 569 . | 1 | 1991–1991 |
Indiana Department of State Revenue v. General Foods Corp.
green
1 sentence1987The seminal Indiana case, Baker v. Compton, recognized this: 'Although the interpretation placed upon the statute by an administrative agency of this state may not be binding upon this court if the interpretation is incorrect, such interpretation as has been made and applied in a number of previous adoptions, is entitled to considerable weight. ...' General Foods, 427 N.E.2d at 671 (quoting Baker v. Compton, 211 N.E.2d at 164 ) (citations omitted). | 1 | 1987–1987 |
Mosley v. State
green
1 sentence1987We hold the trial court's ruling on the dismissal of the second petition, as set out above, is adequate to comply with the rule and is in compliance with the interpretation of that rule as set out in Mosley v. State (1985), Ind., 477 N.E.2d 867 . | 1 | 1987–1987 |
| Deming Hotel Co. v. Sisson green | 1 | 1965–1965 |
Ball v. McPheeters
neutral
2 sentences1965The mere citation of authorities does not comply with the interpretation of the rule as laid down by the Supreme Court of the State of Indiana in the cases of Ball v. McPheeters (1937), 211 Ind. 157 , 5 N. E. 2d 885 and Deming Hotel Co. v. Sisson (1940), 216 Ind. 587 , 24 N. E. 2d 912 . 1965The mere citation of authorities does not comply with the interpretation of the rule as laid down by the Supreme Court of the State of Indiana in the cases of Ball v. McPheeters (1937), 211 Ind. 157 , 5 N. E. 2d 885 and Deming Hotel Co. v. Sisson (1940), 216 Ind. 587 , 24 N. E. 2d 912 . | 1 | 1965–1965 |
Witte v. WITTE
neutral
2 sentences1965Witte v. Witte et al. (1953), 123 Ind. App. 644 , 113 N. E. 2d 166 . 1965Witte v. Witte et al. (1953), 123 Ind. App. 644 , 113 N. E. 2d 166 . | 1 | 1965–1965 |
| Wright v. State green | 1 | 1965–1965 |
Joslin v. Ketcham, Admr. Etc.
neutral
2 sentences1965The above is further exemplified as an interpretation of the rule in Joslin et al. v. Ketcham, Admr. etc. (1959), 130 Ind. App. 446, at pp. 450-451 , 161 N. E. 2d 445 : “It must be remembered that the purpose of an appellant’s brief is to permit each Judge of this Court to intelligently consider the questions presented from the brief alone. 1965The above is further exemplified as an interpretation of the rule in Joslin et al. v. Ketcham, Admr. etc. (1959), 130 Ind. App. 446, at pp. 450-451 , 161 N. E. 2d 445 : “It must be remembered that the purpose of an appellant’s brief is to permit each Judge of this Court to intelligently consider the questions presented from the brief alone. | 1 | 1965–1965 |
| Union Traction Co. v. Berry green | 1 | 1941–1941 |
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.