21 Indiana opinions name it 2 courts 1894–2023 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 |
|---|---|---|
Dove v. Rose Acre Farms, Inc.green2 sentences2020The doctrine of substantial performance “applies where performance of a nonessential condition is lacking, so that the benefits received Court of Appeals of Indiana | Opinion 19A-PL-3024 | July 27, 2020 Page 14 of 28 by a party are far greater than the injury done to him by the breach of the other party.” Dove, 434 N.E.2d at 933 . 2020See Gibson, 867 N.E.2d at 195 (holding, in the context of payments under a mortgage, that substantial performance did not apply where the “timely payment of the debt was an essential condition of the promissory note, mortgage, and release provision of the mortgage.”); Greenhaven Corp. v. Hutchcraft & Assocs., Inc., 463 N.E.2d 283, 286 (Ind. Ct. App. 1984) (stating that “the doctrine of substantial performance does not apply in an Court of Appeals of Indiana | Opinion 19A-PL-3024 | July 27, 2020 Page 15 of 28 action on account.”); Dove, 434 N.E.2d at 935 (holding that the doctrine of substantia | 1 | 2 |
Gibson v. Neugreen1 sentence2020See Gibson, 867 N.E.2d at 195 (holding, in the context of payments under a mortgage, that substantial performance did not apply where the “timely payment of the debt was an essential condition of the promissory note, mortgage, and release provision of the mortgage.”); Greenhaven Corp. v. Hutchcraft & Assocs., Inc., 463 N.E.2d 283, 286 (Ind. Ct. App. 1984) (stating that “the doctrine of substantial performance does not apply in an Court of Appeals of Indiana | Opinion 19A-PL-3024 | July 27, 2020 Page 15 of 28 action on account.”); Dove, 434 N.E.2d at 935 (holding that the doctrine of substantia | 1 | 1 |
Greenhaven Corp. v. Hutchcraft & Associates, Inc.green1 sentence2020See Gibson, 867 N.E.2d at 195 (holding, in the context of payments under a mortgage, that substantial performance did not apply where the “timely payment of the debt was an essential condition of the promissory note, mortgage, and release provision of the mortgage.”); Greenhaven Corp. v. Hutchcraft & Assocs., Inc., 463 N.E.2d 283, 286 (Ind. Ct. App. 1984) (stating that “the doctrine of substantial performance does not apply in an Court of Appeals of Indiana | Opinion 19A-PL-3024 | July 27, 2020 Page 15 of 28 action on account.”); Dove, 434 N.E.2d at 935 (holding that the doctrine of substantia | 1 | 1 |
Jefferson v. Stategreen1 sentence2018See Jefferson, 891 N.E.2d at 86-87 ; see also Dack v. State, 2 We note that “we hold pro se litigants … to the same performance standard as practicing attorneys.” Lee v. State, 91 N.E.3d 978, 990 (Ind. Ct. App. 2017), trans. denied. 3 Robinson does point out that he asked for a continuance at the April 4, 2018, hearing so that he could obtain counsel, and the court in effect denied that request by noting that counsel was unnecessary. | 1 | 1 |
Dorian Lee v. State of Indianagreen1 sentence2018See Jefferson, 891 N.E.2d at 86-87 ; see also Dack v. State, 2 We note that “we hold pro se litigants … to the same performance standard as practicing attorneys.” Lee v. State, 91 N.E.3d 978, 990 (Ind. Ct. App. 2017), trans. denied. 3 Robinson does point out that he asked for a continuance at the April 4, 2018, hearing so that he could obtain counsel, and the court in effect denied that request by noting that counsel was unnecessary. | 1 | 1 |
Spring Hill Developers, Inc. v. Arthurgreen1 sentence2010Generally speaking, "equity will not permit a party who breaches an oral contract to invoke the statute of frauds where the other party has performed his part of the agreement to such an extent that repudiation of the contract would lead to an unjust or fraudulent result." Spring Hill Developers v. Arthur, 879 N.E.2d 1095, 1104 (Ind.Ct.App.2008) (internal quotation and citation omitted). | 1 | 1 |
Resnover v. Stategreen2 sentences2001If such challenge is included in the second petition for post-conviction relief, the claim then is properly subject to waiver or res judicata.”); Resnover v. State, 547 N.E.2d 814, 816 (Ind.1989), ce rt. denied, 498 U.S. 881 , 111 S.Ct. 216 , 112 L.Ed.2d 175 (1990) (In his first petition for post-conviction relief, “Res-nover did raise the issue of ineffectiveness of counsel who handled his trial and his direct appeal and the issue was decided adversely to his petition. 2001If such challenge is included in the second petition for post-conviction relief, the claim then is properly subject to waiver or res judicata."); Resnover v. State, 547 N.E.2d 814, 816 (Ind. 1989), cert. denied, 498 U.S. 881 , 111 S.Ct. 216 , 112 L.Ed.2d 175 (1990) (In his first petition for post-conviction relief, "Resnover did raise the issue of ineffectiveness of counsel who handled his trial and his direct appeal and the issue was decided adversely to his petition. | 1 | 1 |
Baum v. Stategreen2 sentences2001See also Baum v. State, 533 N.E.2d 1200, 1201 (Ind.1989) (“If a convicted person wishes to challenge the performance of his defense counsel at a trial upon criminal charges, he may do so. 2001See also Baum v. State, 533 N.E.2d 1200, 1201 (Ind.1989) ("If a convicted person wishes to challenge the performance of his defense counsel at a trial upon criminal charges, he may do so. | 1 | 1 |
David A. Gray v. James Greergreen1 sentence1999Id. (citing Gray v. Greer, 800 F.2d 644, 646 (7th Cir.1986)). | 1 | 1 |
Hammond Pure Ice & Coal Co. v. Heitmangreen2 sentences1992See Hammond Pure Ice & Coal Co. v. Heitman (1943), 221 Ind. 352 , 47 N.E.2d 309 , reh'g denied (in action for specific performance to compel purchase of bonds, judgment of specific performance on certain bonds and for damages on other bonds amounted to an adjudication against the plaintiff on the specific performance claim as to the other bonds). 1992See Hammond Pure Ice & Coal Co. v. Heitman (1943), 221 Ind. 352 , 47 N.E.2d 309 , reh'g denied (in action for specific performance to compel purchase of bonds, judgment of specific performance on certain bonds and for damages on other bonds amounted to an adjudication against the plaintiff on the specific performance claim as to the other bonds). | 1 | 1 |
Drost v. Professional Building Service Corp.green2 sentences1982See Drost v. Professional Building Service Corp., (1972) 153 Ind.App. 273 , 286 N.E.2d 846 ; 6 I.L.E. 1982See Drost v. Professional Building Service Corp., (1972) 153 Ind.App. 273 , 286 N.E.2d 846 ; 6 I.L.E. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2018Indeed, "[i]n any case presenting an ineffectiveness claim, the performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances ." Id. at 688 , 104 S.Ct. 2052 (emphases added). 2018Indeed, "[i]n any case presenting an ineffectiveness claim, the performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances ." Id. at 688 , 104 S.Ct. 2052 (emphases added). | 5 | 1984–2018 |
Pipecreek School Township v. Hawkins
green
1 sentence2023Indeed, if these entities exceed their statutory authority, the contract is void and unenforceable “no matter what hardship it may work, or how strong the equities may appear.” Pipe Creek School Twp. v. Hawkins, 49 Ind. App. 595 , 1 We summarily affirm the portion of the Court of Appeals’ opinion holding that the trial court did not abuse its discretion in denying Performance’s motion to strike RESC’s designated evidence from the SBOA. | 1 | 2023–2023 |
General Discount Corp. v. Weiss MacHinery Corp.
green
1 sentence2020In General Discount, an agreed judgment required defendants to pay $21,844.83 to the plaintiff and return certain collateral by a specified date. 437 N.E.2d at 146 . | 1 | 2020–2020 |
Van Meter v. State
green
1 sentence2019"Criminal defendants may not circumvent these procedures by seeking remedies under the civil law." Id. 2 Post-Conviction Rule 1 § 12(b) allows a petitioner to file a request for a successive PCR petition, subject to the PCR court's authorization, where "the petitioner establishes a reasonable possibility that [he] is entitled to post-conviction relief." [11] Pirant correctly submits that he is not attempting to relitigate a claim that was dismissed with prejudice by this Court, as his current claim of ineffectiveness involves the performance of his waiver counsel in the juvenile court as oppos | 1 | 2019–2019 |
Dubois County MacHine Company v. Blessinger
green
1 sentence2013Id. | 1 | 2013–2013 |
Hudson v. McClaskey
green
1 sentence2006In a subsequent reply brief, Buyers urged that they had never elected a specific remedy, arguing “that if this Court finds on an adequate record, that specific performance is not a viable remedy then, on proper proof, damages must be awarded to plaintiffs because the Court of Appeals ... has already found that [Seller] breached its contract with plaintiffs!” Appellant’s App. p. 72 (citing Hudson v. McClaskey, 597 N.E.2d 308 (Ind.1992)). | 1 | 2006–2006 |
Deboue v. Louisiana
green
2 sentences2001If such challenge is included in the second petition for post-conviction relief, the claim then is properly subject to waiver or res judicata.”); Resnover v. State, 547 N.E.2d 814, 816 (Ind.1989), ce rt. denied, 498 U.S. 881 , 111 S.Ct. 216 , 112 L.Ed.2d 175 (1990) (In his first petition for post-conviction relief, “Res-nover did raise the issue of ineffectiveness of counsel who handled his trial and his direct appeal and the issue was decided adversely to his petition. 2001If such challenge is included in the second petition for post-conviction relief, the claim then is properly subject to waiver or res judicata."); Resnover v. State, 547 N.E.2d 814, 816 (Ind. 1989), cert. denied, 498 U.S. 881 , 111 S.Ct. 216 , 112 L.Ed.2d 175 (1990) (In his first petition for post-conviction relief, "Resnover did raise the issue of ineffectiveness of counsel who handled his trial and his direct appeal and the issue was decided adversely to his petition. | 1 | 2001–2001 |
Bieghler v. State
green
2 sentences1999Our supreme court has recognized that the Seventh Circuit’s performance analysis of a claim of ineffectiveness based on appellate counsel’s failure to raise an issue on direct appeal is consonant with our “performance prong jurisprudence.” Bieghler, 690 N.E.2d at 194 . 1999Id. (citing Gray v. Greer, 800 F.2d 644, 646 (7th Cir.1986)). | 1 | 1999–1999 |
Aubrey v. State
green
1 sentence1987Aubrey v. State (1985), Ind., 478 N.E.2d 70 ; Bevill v. State (1985), Ind., 472 N.E.2d 1247 ; Cowell v. State (1981), 275 Ind. 252 , 416 N.E.2d 839 . | 1 | 1987–1987 |
Cowell v. State
green
2 sentences1987Aubrey v. State (1985), Ind., 478 N.E.2d 70 ; Bevill v. State (1985), Ind., 472 N.E.2d 1247 ; Cowell v. State (1981), 275 Ind. 252 , 416 N.E.2d 839 . 1987Aubrey v. State (1985), Ind., 478 N.E.2d 70 ; Bevill v. State (1985), Ind., 472 N.E.2d 1247 ; Cowell v. State (1981), 275 Ind. 252 , 416 N.E.2d 839 . | 1 | 1987–1987 |
Bevill v. State
green
1 sentence1987Aubrey v. State (1985), Ind., 478 N.E.2d 70 ; Bevill v. State (1985), Ind., 472 N.E.2d 1247 ; Cowell v. State (1981), 275 Ind. 252 , 416 N.E.2d 839 . | 1 | 1987–1987 |
Hills v. AREA PLAN COM'N OF VERMILLION CTY.
green
1 sentence1984(Goldblatt v. Town of Hempstead, New York, (1962) 369 U.S. 590, 594 , 82 S.Ct. 987, 990 , 8 L.Ed.2d 130 ; Houser v. Board of Commissioners of County of DeKalb, (1969) 252 Ind. 312 , 247 N.E.2d 675 , Hills v. Area Plan Commission of Vermillion County, (1981) Ind.App., 416 N.E.2d 456, 457 . | 1 | 1984–1984 |
Goldblatt v. Town of Hempstead
green
2 sentences1984(Goldblatt v. Town of Hempstead, New York, (1962) 369 U.S. 590, 594 , 82 S.Ct. 987, 990 , 8 L.Ed.2d 130 ; Houser v. Board of Commissioners of County of DeKalb, (1969) 252 Ind. 312 , 247 N.E.2d 675 , Hills v. Area Plan Commission of Vermillion County, (1981) Ind.App., 416 N.E.2d 456, 457 . 1984(Goldblatt v. Town of Hempstead, New York, (1962) 369 U.S. 590, 594 , 82 S.Ct. 987, 990 , 8 L.Ed.2d 130 ; Houser v. Board of Commissioners of County of DeKalb, (1969) 252 Ind. 312 , 247 N.E.2d 675 , Hills v. Area Plan Commission of Vermillion County, (1981) Ind.App., 416 N.E.2d 456, 457 . | 1 | 1984–1984 |
Houser v. Bd. of Comm.
green
2 sentences1984(Goldblatt v. Town of Hempstead, New York, (1962) 369 U.S. 590, 594 , 82 S.Ct. 987, 990 , 8 L.Ed.2d 130 ; Houser v. Board of Commissioners of County of DeKalb, (1969) 252 Ind. 312 , 247 N.E.2d 675 , Hills v. Area Plan Commission of Vermillion County, (1981) Ind.App., 416 N.E.2d 456, 457 . 1984(Goldblatt v. Town of Hempstead, New York, (1962) 369 U.S. 590, 594 , 82 S.Ct. 987, 990 , 8 L.Ed.2d 130 ; Houser v. Board of Commissioners of County of DeKalb, (1969) 252 Ind. 312 , 247 N.E.2d 675 , Hills v. Area Plan Commission of Vermillion County, (1981) Ind.App., 416 N.E.2d 456, 457 . | 1 | 1984–1984 |
M'Cormick v. Malin
green
1 sentence1904Mechem, Agency, §469; Rochester v. Levering (1886), 104 Ind. 562, 568 ; M’Cormick v. Malin (1841), 5 Blackf. 509 . 6. | 1 | 1904–1904 |
Rochester v. Levering
green
1 sentence1904Mechem, Agency, §469; Rochester v. Levering (1886), 104 Ind. 562, 568 ; M’Cormick v. Malin (1841), 5 Blackf. 509 . 6. | 1 | 1904–1904 |
Henderson v. Dickey
neutral
1 sentence1894Henderson v. Dinkey, 76 Ind. 264 ; Glantz v. City of South Bend, 106 Ind. 305 ; Louisville, etc., R. | 1 | 1894–1894 |
Glantz v. City of South Bend
green
1 sentence1894Henderson v. Dinkey, 76 Ind. 264 ; Glantz v. City of South Bend, 106 Ind. 305 ; Louisville, etc., R. | 1 | 1894–1894 |
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.