23 Indiana opinions name it 3 courts 1893–2019 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 |
|---|---|---|
Carroll County Rural Electric Membership Corp. v. Indiana Department of State Revenuegreen2 sentences2005See Carroll Co., 733 N.E.2d at 50 . 2005See Carroll Co., 733 N.E.2d at 50 . | 3 | 3 |
Hayworth v. Stategreen2 sentences2012This means that the error must be “so prejudicial to the rights of the defendant as to make a fair trial impossible.” Hayworth, 904 N.E.2d at 694 (citation omitted). 2012This means that the error must be “so prejudicial to the rights of the defendant as to make a fair trial impossible.” Hayworth, 904 N.E.2d at 694 (citation omitted). | 2 | 2 |
Nine v. Stategreen2 sentences1997This Court cited Nine v. State, 484 N.E.2d 614, 616 (Ind.Ct.App.1985), trans. denied (1986), for the proposition that a petitioner’s contacts with attorneys and the criminal justice system need not be based upon the same type of proceeding in order to infer that the petitioner gained knowledge of a defect or the means to challenge the conviction, as long as the petitioner’s contacts are sufficient from which to infer that he was in such a position as to have gained knowledge. 1996Nine v. State, 484 N.E.2d 614, 616 (Ind.Ct.App.1985) (holding that evidence that the petitioner was represented by counsel at guilty plea, filed petition to modify sentence in 1980, and was represented by counsel when probation was revoked in 1981 was sufficient to prove five year delay unreasonable), reh'g denied, trans. denied (1986). | 2 | 2 |
Walton v. Stategreen1 sentence2019See Walton v State, 866 N.E.2d 820, 821 (Ind. Ct. App. 2007). | 1 | 1 |
William R. Dixon v. Indiana Department of Correctiongreen1 sentence2018INDIANA CODE § 11-8-8-22 does not provide a means to challenge the DOC’s internal procedures or its programs utilized as part of a defendant’s future parole.6 4 “Ripeness relates to the degree to which the defined issues in a case are based on actual facts[,] rather than on abstract possibilities, and are capable of being adjudicated on an adequately developed record.” Dixon v. Indiana Dep’t of Correction, 56 N.E.3d 47, 52 (Ind. Ct. App. 2016) (internal quotation marks and citation omitted). 5 An offender can also use INDIANA CODE § 11-8-8-22 when seeking to “register under less restrictive co | 1 | 1 |
George Patrick v. Keith Butts, Superintendent, State of Indiana and Indiana Parole Boardgreen1 sentence2018See Patrick v. Butts, 12 N.E.3d 270, 271-72 (Ind. Ct. App. 2014) (rejecting a defendant’s contention that Wallace applied to the defendant’s participation in the SOMM program and explaining that “the Parole Board’s authority to impose conditions on parole [such as the SOMM program] is not limited by the date on which the program was created, but rather is limited by the program’s ability to reintegrate the parolee into society”). | 1 | 1 |
Cleverly Lockhart v. State of Indiana (mem. dec.)green1 sentence2018INDIANA CODE § 11-8-8-22 sets forth the procedure for an offender to challenge his status under SORA and to seek removal of all information from the online sex offender registry.5 See Lockhart v. State, 38 N.E.3d 215, 217 (Ind. Ct. App. 2015). | 1 | 1 |
JA v. Stategreen1 sentence2014J.A. v. State, 904 N.E.2d 250, 254 (Ind. Ct. App. 2009), trans. denied. | 1 | 1 |
Jordan v. Stategreen1 sentence2006Seq, e.g., id. at 408-409 (holding that "[JJuvenile adjudications do not constitute criminal convictions" and, therefore, post-conviction remedies cannot be interpreted to apply to a juvenile adjudged to be a delinquent). | 1 | 1 |
State v. Phippsgreen2 sentences2001State v. Phipps, 883 S.W.2d 138, 149 (Tenn.Crim.App.1994) (discussing constitutional right to present evidence of diminished capacity). 2001State v. Phipps, 883 S.W.2d 138, 149 (Tenn.Crim.App.1994) (discussing constitutional right to present evidence of diminished capacity). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sullivan v. Stroop
green
2 sentences2017In doing so, it discussed the United States Supreme Court case of Sullivan v. Stroop, 496 U.S. 478 , 110 S. Ct. 2499 , 110 L.Ed.2d 438 (1990), in which the high court considered a similar question - whether social security benefits received by children were to be considered income for purposes of the means test of the AFDC program: The Supreme Court observed that Title II Social Security payments “are explicitly characterized as ‘insurance’ benefits and are paid out of the public treasury to all applicants meeting the criteria.” Sullivan, 496 U.S. at 485 , 110 S. Ct. at 2504 , 110 L.Ed.2d at 4 2017In doing so, it discussed the United States Supreme Court case of Sullivan v. Stroop, 496 U.S. 478 , 110 S. Ct. 2499 , 110 L.Ed.2d 438 (1990), in which the high court considered a similar question - whether social security benefits received by children were to be considered income for purposes of the means test of the AFDC program: The Supreme Court observed that Title II Social Security payments “are explicitly characterized as ‘insurance’ benefits and are paid out of the public treasury to all applicants meeting the criteria.” Sullivan, 496 U.S. at 485 , 110 S. Ct. at 2504 , 110 L.Ed.2d at 4 | 2 | 1995–2017 |
Trinity Homes, LLC v. Fang
green
1 sentence2017Id. | 1 | 2017–2017 |
Browning v. Walters
green
1 sentence2016The appropriate means for a challenge to the court’s jurisdiction over a particular case is a T.R. 12(B)(6) motion for failure to state a claim, not a T.R. 12(B)(1) motion for lack of subject-matter jurisdiction, Id. ' 14. | 1 | 2016–2016 |
Dreyer & Reinbold, Inc. v. AutoXchange. Com., Inc.
green
1 sentence2016Dreyer, 771 N.E.2d at 768 (quoting 1A WILLIAM F. HARVEY, INDIANA PRACTICE: RULES OF PROCEDURE ANNOTATED § 12.18, at 339 (3d ed.1999)). [9] USB moved to strike based on untimeliness and failure to state a claim pursuant to Trial Rule 12(B)(6). | 1 | 2016–2016 |
Burkes v. State
green
1 sentence1992Burkes v. State (1983), Ind., 445 N.E.2d 983 . | 1 | 1992–1992 |
Minniefield v. State
green
1 sentence1992Isom argues that counsel was ineffective because she failed to subsequently “make a motion for mistrial in order to further preserve the record for purposes of appeal.” While a motion for a mistrial is an appropriate means to challenge the purposeful exclusion of jurors based on race, Minniefield v. State (1989), Ind., 539 N.E.2d 464 , a timely objection to the striking of a juror adequately preserves the issue for review on appeal. | 1 | 1992–1992 |
Carroll v. State
neutral
2 sentences1986Stowers v. State (1977), 266 Ind. 403 , 363 N.E.2d 978 ; Carroll v. State (1975), 263 Ind. 86 , 324 N.E.2d 809 . 1986Stowers v. State (1977), 266 Ind. 403 , 363 N.E.2d 978 ; Carroll v. State (1975), 263 Ind. 86 , 324 N.E.2d 809 . | 1 | 1986–1986 |
Stowers v. State
green
2 sentences1986Stowers v. State (1977), 266 Ind. 403 , 363 N.E.2d 978 ; Carroll v. State (1975), 263 Ind. 86 , 324 N.E.2d 809 . 1986Stowers v. State (1977), 266 Ind. 403 , 363 N.E.2d 978 ; Carroll v. State (1975), 263 Ind. 86 , 324 N.E.2d 809 . | 1 | 1986–1986 |
Bryarly v. State
green
2 sentences1975The case relied upon by the Attorney General in support of the proposition that declaratory relief is improper as to a criminal statute, Bryarly v. State (1953), 232 Ind. 47 , 111 N.E.2d 277 , held only that a defendant already under prosecution for crime that was mala in se could not file a declaratory judgment to test the constitutionality of the criminal statute. 1975The case relied upon by the Attorney General in support of the proposition that declaratory relief is improper as to a criminal statute, Bryarly v. State (1953), 232 Ind. 47 , 111 N.E.2d 277 , held only that a defendant already under prosecution for crime that was mala in se could not file a declaratory judgment to test the constitutionality of the criminal statute. | 1 | 1975–1975 |
Doyle v. Clark
neutral
2 sentences1975In Doyle v. Clark (1942), 220 Ind. 271 , 41 N.E.2d 949 , the Supreme Court held that a declaratory proceeding was a proper means to test the validity of a criminal statute which affects one in his trade, business or occupation. 1975In Doyle v. Clark (1942), 220 Ind. 271 , 41 N.E.2d 949 , the Supreme Court held that a declaratory proceeding was a proper means to test the validity of a criminal statute which affects one in his trade, business or occupation. | 1 | 1975–1975 |
Center Township v. Board of Commissioners
green
1 sentence1898Center Tp. v. Board, etc., 110 Ind. 579, and authorities there cited.” A civil or school township is a municipal corporation. | 1 | 1898–1898 |
Pryce v. Statler
neutral
1 sentence1897Ed. 407; Glenn v. Statler, 42 Iowa 107 . | 1 | 1897–1897 |
Mt. Zion Baptist Church v. Whitmore
green
1 sentence1893Zion Baptist Church v. Whitmore, supra. Here, both the conflicting bodies, as well as the ecclesiastical courts of the denomination, have so construed the articles of faith and the denominational tenets as to hold, impliedly at least, that the means doctrine is a departure therefrom. | 1 | 1893–1893 |
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.