record supporting instruction (Indiana) · Go Syfert
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record supporting instruction in Indiana

26 Indiana opinions name it 2 courts 1997–2025 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 (10)

CaseFollowedCited
Hill v. Rhinehartgreen
indctapp · 2015 · cited in 3 Indiana opinions naming this issue, 2016–2020
2 sentences

2020“In evaluating the propriety of a given instruction, we consider 1) whether the instruction correctly states the law, 2) whether there is evidence in the record supporting the instruction, and 3) whether the substance of the instruction is covered by other instructions.” Hill v. Rhinehart, 45 N.E.3d 427, 439 (Ind. Ct. App. 2015), trans. denied.

2016Hill v. Rhmeharb, 45 N.E.3d 427, 439 (Ind.Ct.

33
Elmer Buchta Trucking, Inc. v. Stanleygreen
ind · 2001 · cited in 5 Indiana opinions naming this issue, 2001–2009
2 sentences

2009Elmer Buchta Trucking, 744 N.E.2d at 944 .

2002We consider the following to determine whether the trial court abused its discretion when it refused to give a tendered instruction: “1) whether the instruction correctly states the law; 2) whether there is evidence in the record supporting the instruction; and 3) whether the substance of the instruction is covered by other instructions.” Id.

25
Goliday v. Stategreen
ind · 1988 · cited in 2 Indiana opinions naming this issue, 1997–2007
2 sentences

2007In Bieghler v. State, 690 N.E.2d 188, 195 (Ind.1997), we observed that one form of appellate ineffectiveness occurs when “appellate counsel’s work is so deficient that an issue, though technically raised, is deemed waived for failure to present cogent argument and/or cite facts in the record supporting the claim.” (citing Goliday v. State, 526 N.E.2d 1174, 1175 (Ind.1988); Ashford v. State, 464 N.E.2d 1298, 1302 (Ind.1984); Burton v. State, 455 N.E.2d 938, 940 (Ind.1983)).

1997See, e.g., Goliday v. State, 526 N.E.2d 1174, 1175 (Ind. 1988); Ashford v. State, 464 N.E.2d 1298, 1302 (Ind.1984); Burton, 455 N.E.2d at 940 .

22
Ashford v. Stategreen
ind · 1984 · cited in 2 Indiana opinions naming this issue, 1997–2007
2 sentences

2007In Bieghler v. State, 690 N.E.2d 188, 195 (Ind.1997), we observed that one form of appellate ineffectiveness occurs when “appellate counsel’s work is so deficient that an issue, though technically raised, is deemed waived for failure to present cogent argument and/or cite facts in the record supporting the claim.” (citing Goliday v. State, 526 N.E.2d 1174, 1175 (Ind.1988); Ashford v. State, 464 N.E.2d 1298, 1302 (Ind.1984); Burton v. State, 455 N.E.2d 938, 940 (Ind.1983)).

1997See, e.g., Goliday v. State, 526 N.E.2d 1174, 1175 (Ind. 1988); Ashford v. State, 464 N.E.2d 1298, 1302 (Ind.1984); Burton, 455 N.E.2d at 940 .

22
Peak v. Campbellgreen
ind · 1991 · cited in 2 Indiana opinions naming this issue, 2001–2002
2 sentences

2002“Moreover, one seeking a new trial on the basis of an improper jury instruction must show ‘a reasonable probability that substantial rights of the complaining party have been adversely affected.’” Id. (citing Peak v. Campbell, 578 N.E.2d 360, 362 (Ind.1991) (quoting Sullivan v. Fairmont Homes, Inc., 543 N.E.2d 1130, 1140 (Ind.Ct.App.1989), trans. denied )).

2001Peak v. Campbell, 578 N.E.2d 360, 361 (Ind.1991).

22
Bieghler v. Stategreen
ind · 1997 · cited in 2 Indiana opinions naming this issue, 2007–2015
2 sentences

2015Sometimes, “appellate counsel’s work is so deficient that an issue, though technically raised, is deemed waived for failure to present cogent argument and/or cite to facts in the record supporting the claim.” Id.

2007In Bieghler v. State, 690 N.E.2d 188, 195 (Ind.1997), we observed that one form of appellate ineffectiveness occurs when “appellate counsel’s work is so deficient that an issue, though technically raised, is deemed waived for failure to present cogent argument and/or cite facts in the record supporting the claim.” (citing Goliday v. State, 526 N.E.2d 1174, 1175 (Ind.1988); Ashford v. State, 464 N.E.2d 1298, 1302 (Ind.1984); Burton v. State, 455 N.E.2d 938, 940 (Ind.1983)).

12
Burton v. Stategreen
ind · 1983 · cited in 2 Indiana opinions naming this issue, 1997–2007
2 sentences

2007In Bieghler v. State, 690 N.E.2d 188, 195 (Ind.1997), we observed that one form of appellate ineffectiveness occurs when “appellate counsel’s work is so deficient that an issue, though technically raised, is deemed waived for failure to present cogent argument and/or cite facts in the record supporting the claim.” (citing Goliday v. State, 526 N.E.2d 1174, 1175 (Ind.1988); Ashford v. State, 464 N.E.2d 1298, 1302 (Ind.1984); Burton v. State, 455 N.E.2d 938, 940 (Ind.1983)).

1997See, e.g., Goliday v. State, 526 N.E.2d 1174, 1175 (Ind. 1988); Ashford v. State, 464 N.E.2d 1298, 1302 (Ind.1984); Burton, 455 N.E.2d at 940 .

12
State v. Bourasgreen
indctapp · 1981 · cited in 1 Indiana opinions naming this issue, 2025–2025
1 sentence

2025A trial court must give a proposed instruction “only if it covers an essential element of the case supported by evidence, correctly states the law material to the case and when no other instruction covers that area of the law.” State v. Bouras, 423 N.E.2d 741, 744 (Ind. Ct. App. 1981).

11
Wilson v. Stategreen
ind · 2002 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018See Wilson, 770 N.E.2d at 801 (holding that a “mutual combatant, whether or not the initial aggressor, must declare an armistice before he or she may claim self-defense”). [11] Baker is correct that there is some evidence in the record supporting her claim of self-defense; primarily, it is her own testimony.

11
Sullivan v. Fairmont Homes, Inc.green
indctapp · 1989 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002“Moreover, one seeking a new trial on the basis of an improper jury instruction must show ‘a reasonable probability that substantial rights of the complaining party have been adversely affected.’” Id. (citing Peak v. Campbell, 578 N.E.2d 360, 362 (Ind.1991) (quoting Sullivan v. Fairmont Homes, Inc., 543 N.E.2d 1130, 1140 (Ind.Ct.App.1989), 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 (5)

CaseCitedYears
Blocher v. DeBartolo Properties Management, Inc. green
indctapp · 2001
2 sentences

2025When evaluating a jury instruction, this Court considers “1) whether the instruction correctly states the law, 2) whether there is evidence in the record supporting the instruction, and 3) whether the substance of the instruction is covered by other instructions.” Blocher, 760 N.E.2d at 235 .

2019Id.

82006–2025
Ryan Shelby v. State of Indiana green
indctapp · 2013
2 sentences

2018Id.

2015Shelby, 986 N.E.2d at 360 .

22015–2018
Wal-Mart Stores, Inc. v. Wright green
ind · 2002
1 sentence

2019Wal-Mart Stores, Inc. v. Wright , 774 N.E.2d 891 , 893 (Ind. 2002).

12019–2019
Hamilton v. Hamilton green
indctapp · 2006
1 sentence

2013Id.

12013–2013
Weida v. State green
indctapp · 2002
1 sentence

2013Id.

12013–2013

Statutes the citing opinions construe

IN § Ind. Code § 34-18-14-3 (3)

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.

Where else courts name it

IN 26 (1997–2025) CA 26 (1948–2025) TX 15 (1992–2019) NY 13 (1985–2020) OH 13 (1942–2023) GA 9 (1997–2023) MS 6 (1989–2023) AZ 6 (1977–2026) MI 6 (1967–2026) KS 5 (1991–2022) NJ 4 (1989–2024) WA 4 (2014–2017) NV 4 (2015–2017) MO 2 (1995–2024) ND 2 (2006–2018) HI 2 (1998–2011) FL 2 (1996–2014) MT 2 (2005–2023)

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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