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24 Indiana opinions name it 2 courts 1979–2020 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 |
|---|---|---|
Griffin v. Stategreen2 sentences2012Id. “[W]hen the question to instruct on a lesser included offense is a close one, it is prudent for the trial court to give the instruction and avoid the risk of the expense and delay involved in a retrial.” Griffin v. State, 644 N.E.2d 561, 563 (Ind. 1994), overruled on other grounds by Watts v. State, 885 N.E.2d 1228 (Ind. 2008). 2012Id. “[Wjhen the question to instruct on a lesser included offense is a close one, it is prudent for the trial court to give the instruction and avoid the risk of the expense and delay involved in a retrial.” Griffin v. State, 644 N.E.2d 561, 563 (Ind.1994), overruled on other grounds by Watts v. State, 885 N.E.2d 1228 (Ind.2008). | 4 | 4 |
Brannum v. Stategreen2 sentences1996See Brannum v. State, 267 Ind. 51 , 366 N.E.2d 1180, 1184-85 (1977), and cases cited therein. 1996See Brannum v. State, 267 Ind. 51 , 366 N.E.2d 1180, 1184-85 (1977), and cases cited therein. | 3 | 3 |
Demajio Ellis v. State of Indianagreen2 sentences2020Ellis v. State, 67 N.E.3d 643, 646 (Ind. 2017); Harshman v. State, 232 Ind. 618 , 115 N.E.2d 501, 502 (1953) (holding “a plea of guilty tendered by one who in the same breath protests his innocence, or declares he actually does not know whether or not he is guilty, is no plea at all. 2019See Ellis , 67 N.E.3d at 646 . [12] Hooker challenges the acceptance of his plea of guilty to burglary, an offense that contains the element of "breaking," Ind. Code § 35-43-2-1 , the element Hooker claims he failed to admit. | 2 | 2 |
Ross v. Stategreen2 sentences2019If a trial court accepts an unreliable plea, the court commits reversible error, Ross v. State, 456 N.E.2d 420, 423 (Ind. 1983) . . . . 2019If a trial court accepts an unreliable plea, the court commits reversible error, Ross v. State , 456 N.E.2d 420 , 423 (Ind. 1983), providing a proper basis for PCR. | 1 | 2 |
Harshman v. Stategreen2 sentences2020Ellis v. State, 67 N.E.3d 643, 646 (Ind. 2017); Harshman v. State, 232 Ind. 618 , 115 N.E.2d 501, 502 (1953) (holding “a plea of guilty tendered by one who in the same breath protests his innocence, or declares he actually does not know whether or not he is guilty, is no plea at all. 2020Ellis v. State, 67 N.E.3d 643, 646 (Ind. 2017); Harshman v. State, 232 Ind. 618 , 115 N.E.2d 501, 502 (1953) (holding “a plea of guilty tendered by one who in the same breath protests his innocence, or declares he actually does not know whether or not he is guilty, is no plea at all. | 1 | 1 |
Indiana State Highway Commission v. Vanderburgreen1 sentence2020“A better solution is the employment of the accepted procedure which has been used effectively to respond to any type of problem occasioned by a jury during its deliberations.” Ind. State Highway Com. v. Vanderbur, 432 N.E.2d 418, 426 (Ind. Ct. App. 1982) (quoting Lewis v. State, 424 N.E. 2d 107, 111 (Ind. 1981)). | 1 | 1 |
Lewis v. Stategreen1 sentence2020“A better solution is the employment of the accepted procedure which has been used effectively to respond to any type of problem occasioned by a jury during its deliberations.” Ind. State Highway Com. v. Vanderbur, 432 N.E.2d 418, 426 (Ind. Ct. App. 1982) (quoting Lewis v. State, 424 N.E. 2d 107, 111 (Ind. 1981)). | 1 | 1 |
David Hooker v. State of Indianagreen1 sentence2019Hooker v. State, 120 N.E.3d 639, 645-46 (Ind. Ct. App. 2019) (alterations original to Hooker), trans. denied. [9] To establish a factual basis for vicarious sexual gratification, as a Level 4 felony, Emery was required to admit that he had knowingly or intentionally directed, aided, induced, or caused A.T., who was under the age of fourteen, to touch or fondle herself, and that Emery did so to arouse either his or A.T.’s sexual desires. | 1 | 1 |
Power v. Brodiegreen1 sentence2016E.g., Power v. Brodie, 460 N.E.2d 1241, 1243 (Ind. Ct. App. 1986). | 1 | 1 |
Dixon v. Siwygreen1 sentence2014Dixon v. Siwy, 661 N.E.2d 600, 604 (Ind. Ct. App. 1996). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wright v. State
green
2 sentences2012Id. 2012Id. “[Wjhen the question to instruct on a lesser included offense is a close one, it is prudent for the trial court to give the instruction and avoid the risk of the expense and delay involved in a retrial.” Griffin v. State, 644 N.E.2d 561, 563 (Ind.1994), overruled on other grounds by Watts v. State, 885 N.E.2d 1228 (Ind.2008). | 4 | 2012–2012 |
Watts v. State
green
2 sentences2012Id. “[W]hen the question to instruct on a lesser included offense is a close one, it is prudent for the trial court to give the instruction and avoid the risk of the expense and delay involved in a retrial.” Griffin v. State, 644 N.E.2d 561, 563 (Ind. 1994), overruled on other grounds by Watts v. State, 885 N.E.2d 1228 (Ind. 2008). 2012Id. “[Wjhen the question to instruct on a lesser included offense is a close one, it is prudent for the trial court to give the instruction and avoid the risk of the expense and delay involved in a retrial.” Griffin v. State, 644 N.E.2d 561, 563 (Ind.1994), overruled on other grounds by Watts v. State, 885 N.E.2d 1228 (Ind.2008). | 2 | 2012–2012 |
Marchal v. Craig
green
1 sentence1998Id., at 1162 . | 1 | 1998–1998 |
Bechert v. Bechert
green
1 sentence1997Bechert, 435 N.E.2d at 574-75 . | 1 | 1997–1997 |
Carrell v. Ellingwood
green
1 sentence1996Carrell v. Ellingwood (1981) Ind.App., 423 N.E.2d 630, 634 . | 1 | 1996–1996 |
Broshears v. State
green
1 sentence1993ON PETITION FOR CLARIFICATION AND REHEARING In Broshears v. State (1992), Ind.App., 604 N.E.2d 639 , we held that in certain habitual offender proceedings-like Bro-shears's-where it is possible the defendant would be subject to sentence enhancement under either the big 1 or little 2 habit, ual offender statute, depending upon which prior felonies the jury relies, the trial court commits reversible error by refusing the defendant's request for special verdict forms. | 1 | 1993–1993 |
Tanner v. State
green
1 sentence1989Tanner v. State (1984), Ind., 471 N.E.2d 665 . | 1 | 1989–1989 |
Southern Indiana Gas & Electric Co. v. Steinmetz
neutral
2 sentences1986Southern Indiana Gas & Electric Co. v. Steinmetz (1977), 177 Ind.App. 96, 99 , 377 N.E.2d 1381, 1383 , trans. denied. 1986Southern Indiana Gas & Electric Co. v. Steinmetz (1977), 177 Ind. App. 96, 99 , 377 N.E.2d 1381, 1383 , trans. denied. | 1 | 1986–1986 |
Southern Ind. Gas & Elec. Co. v. Steinmetz
green
2 sentences1986Southern Indiana Gas & Electric Co. v. Steinmetz (1977), 177 Ind.App. 96, 99 , 377 N.E.2d 1381, 1383 , trans. denied. 1986Southern Indiana Gas & Electric Co. v. Steinmetz (1977), 177 Ind. App. 96, 99 , 377 N.E.2d 1381, 1383 , trans. denied. | 1 | 1986–1986 |
Gross v. State
green
2 sentences1985Hill v. State, (1978) 267 Ind. 480 , 371 N.E.2d 1303 ; Gross v. State, (1974) 261 Ind. 489 , 306 N.E.2d 371 . 1985Hill v. State, (1978) 267 Ind. 480 , 371 N.E.2d 1303 ; Gross v. State, (1974) 261 Ind. 489 , 306 N.E.2d 371 . | 1 | 1985–1985 |
Hill v. State
green
2 sentences1985Hill v. State, (1978) 267 Ind. 480 , 371 N.E.2d 1303 ; Gross v. State, (1974) 261 Ind. 489 , 306 N.E.2d 371 . 1985Hill v. State, (1978) 267 Ind. 480 , 371 N.E.2d 1303 ; Gross v. State, (1974) 261 Ind. 489 , 306 N.E.2d 371 . | 1 | 1985–1985 |
Hartman v. MEMORIAL HOSP. OF SO. BEND
green
1 sentence1984Mullins v. Bunch, (1981) Ind., 425 N.E.2d 164, 166 ; Colaw, 450 N.E.2d at 1029 ; Hartman v. Memorial Hospital of South Bend, (1978) 177 Ind.App. 530, 534 , 380 N.E.2d 583, 585 . | 1 | 1984–1984 |
Colaw v. Nicholson
green
1 sentence1984Mullins v. Bunch, (1981) Ind., 425 N.E.2d 164, 166 ; Colaw, 450 N.E.2d at 1029 ; Hartman v. Memorial Hospital of South Bend, (1978) 177 Ind.App. 530, 534 , 380 N.E.2d 583, 585 . | 1 | 1984–1984 |
Mullins v. Bunch
green
1 sentence1984Mullins v. Bunch, (1981) Ind., 425 N.E.2d 164, 166 ; Colaw, 450 N.E.2d at 1029 ; Hartman v. Memorial Hospital of South Bend, (1978) 177 Ind.App. 530, 534 , 380 N.E.2d 583, 585 . | 1 | 1984–1984 |
Hartman v. Memorial Hospital of South Bend
green
1 sentence1984Mullins v. Bunch, (1981) Ind., 425 N.E.2d 164, 166 ; Colaw, 450 N.E.2d at 1029 ; Hartman v. Memorial Hospital of South Bend, (1978) 177 Ind.App. 530, 534 , 380 N.E.2d 583, 585 . | 1 | 1984–1984 |
State Board of Tax Commissioners v. Gatling Gun Club, Inc.
green
1 sentence1982Appellants cite State Bd. of Tax Comm’rs v. Gatling Gun Club, Inc. (1st Dist. 1981) Ind.App., 420 N.E.2d 1324 , for the proposition that a court commits reversible error by admitting testimony and exhibits on judicial review which were not introduced at the administrative agency’s hearing. | 1 | 1982–1982 |
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.