claim of trial court error (Indiana) · Go Syfert
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claim of trial court error in Indiana

20 Indiana opinions name it 2 courts 1995–2023 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.

Followed or applied (20)

CaseFollowedCited
Mullins v. Stategreen
ind · 1995 · cited in 8 Indiana opinions naming this issue, 1997–2023
2 sentences

2017“In order to preserve a claim of trial court error in the admission or exclusion of evidence, it is necessary at trial to state the objection together with the specific ground or grounds therefor at the time the evidence is first offered.” Mullins v. State, 646 N.E.2d 40, 44 (Ind. 1995) (citations omitted).

2014“In order to preserve a claim of trial court error in the admission or exclusion of evidence, it is necessary at trial to state the objection together with the specific ground or grounds therefor at the time the evidence is first offered.” Mullins v. State, 646 N.E.2d 40, 44 (Ind. 1995) (citations omitted).

88
McCarthy v. Stategreen
ind · 2001 · cited in 2 Indiana opinions naming this issue, 2010–2014
2 sentences

2014See McCarthy v. State, 749 N.E.2d 528, 537 (Ind. 2001) (providing that a party may not assert a claim of trial court error on appeal unless the party objected to the evidence at the time it was offered).

2010See McCarthy v. State, 749 N.E.2d 528, 537 (Ind.2001) ("This Court has consistently held that a party may not assert on appeal a claim of trial court error in the overruling of a motion in limine seeking the exclusion of evidence unless the party objected to the evidence at the time it was offered.").

22
Clausen v. Stategreen
ind · 1993 · cited in 2 Indiana opinions naming this issue, 2000–2001
2 sentences

2001Sisk v. State, 736 N.E.2d 250, 251 (Ind.2000); White v. State, 687 N.E.2d 178, 179 (Ind.1997); Clausen v. State, 622 N.E.2d 925, 927 (Ind.1993); Conner v. State, 580 N.E.2d 214, 220 (Ind.1991).

2000Clausen v. State, 622 N.E.2d 925, 927 (Ind.1993).

22
Raess v. Doeschergreen
ind · 2008 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Raess v. Doescher, 883 N.E.2d 790, 796-97 (Ind. 2008) (internal citations omitted) (emphasis added).

11
Moore v. Stategreen
ind · 1996 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017“Failure to state the specific basis for objection waives the issue on appeal.” Id, -, see also Lewis v. State, 755 N.E.2d 1116, 1122 (Ind. Ct. App. 2001) (“Failure to make, a contemporaneous objection to the admission of evidence at trial results in waiver of the error upon appeal.”); G.J. v. State, 716 N.E.2d 475, 478 (Ind. Ct. App. 1999) (“Where a defendant fails to object to the introduction of evidence, makes only a general objection, or objects only on other grounds, the defendant waives the suppression claim.”) (quoting Moore v. State, 669 N.E.2d 733, 742 (Ind. 1996), reh’g denied).

11
Hilliard v. Stategreen
indctapp · 1993 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017A claim of trial court error in admitting evidence may not be presented on appeal unless there is a timely trial objection “stat[ing] the specific ground [of objection], unless it was apparent from the context.” Ind. Evidence Rule 103(a)(1); see, e.g., Hilliard v. State, 609 N.E.2d 1167, 1169 (Ind. Ct. App. 1993) (by failing to object, defendant waived issue that prosecutor made improper comment in closing rebuttal argument about defendant’s silence).

11
Lewis v. Stategreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017“Failure to state the specific basis for objection waives the issue on appeal.” Id, -, see also Lewis v. State, 755 N.E.2d 1116, 1122 (Ind. Ct. App. 2001) (“Failure to make, a contemporaneous objection to the admission of evidence at trial results in waiver of the error upon appeal.”); G.J. v. State, 716 N.E.2d 475, 478 (Ind. Ct. App. 1999) (“Where a defendant fails to object to the introduction of evidence, makes only a general objection, or objects only on other grounds, the defendant waives the suppression claim.”) (quoting Moore v. State, 669 N.E.2d 733, 742 (Ind. 1996), reh’g denied).

11
GJ v. Stategreen
indctapp · 1999 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017“Failure to state the specific basis for objection waives the issue on appeal.” Id, -, see also Lewis v. State, 755 N.E.2d 1116, 1122 (Ind. Ct. App. 2001) (“Failure to make, a contemporaneous objection to the admission of evidence at trial results in waiver of the error upon appeal.”); G.J. v. State, 716 N.E.2d 475, 478 (Ind. Ct. App. 1999) (“Where a defendant fails to object to the introduction of evidence, makes only a general objection, or objects only on other grounds, the defendant waives the suppression claim.”) (quoting Moore v. State, 669 N.E.2d 733, 742 (Ind. 1996), reh’g denied).

11
Lawrence Gyamfi v. State of Indianagreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016While it is certainly true that a claim of trial court error in admitting evidence may not be presented on appeal unless there is a timely objection “stating the specific ground of objection, if the specific ground was not apparent from the context,” Gyamfi v. State, 15 N.E.3d 1131, 1135 (Ind. Ct. Court of Appeals of Indiana | Memorandum Decision 15A04-1511-CR-1972 | December 9, 2016 Page 21 of 24 App. 2014 ) (citing Ind. Evidence Rule 103(a)(1)), Kidwell did alert the trial court to his concern that Taulbee’s statement involved impermissible character evidence.

11
Haycraft v. Stategreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012“In order to preserve a claim of trial court error in the admission or exclusion of evidence, it is necessary at trial to state the objection together with the specific ground or grounds therefor at the time the evidence is first offered.” Haycraft v. State, 760 N.E.2d 203, 212 (Ind. Ct. App. 2001) (citing Mullins v. State, 646 N.E.2d 40, 44 (Ind. 1995)), reh’g denied, trans. denied.

11
Purifoy v. Stategreen
indctapp · 2005 · cited in 1 Indiana opinions naming this issue, 2010–2010
1 sentence

2010In such cireumstances, a "reviewing court may disregard the defendant's waiver of a particular issue for appellate review and reverse the defendant's conviction only if he has demonstrated the existence of fundamental error." Purifoy v. State, 821 N.E.2d 409, 412 (Ind.Ct.App.2005), trans. denied. "[In order to constitute fundamental error, an error must be blatant and the potential harm must be so substantial and apparent that to ignore it would clearly constitute a denial of due process." - Hinkle v. State, 569 N.E.2d 349, 350 (Ind.Ct.App.1990) (citing Burkes v. State, 445 N.E.2d 983, 985 (In

11
Hinkle v. Stategreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 2010–2010
1 sentence

2010In such cireumstances, a "reviewing court may disregard the defendant's waiver of a particular issue for appellate review and reverse the defendant's conviction only if he has demonstrated the existence of fundamental error." Purifoy v. State, 821 N.E.2d 409, 412 (Ind.Ct.App.2005), trans. denied. "[In order to constitute fundamental error, an error must be blatant and the potential harm must be so substantial and apparent that to ignore it would clearly constitute a denial of due process." - Hinkle v. State, 569 N.E.2d 349, 350 (Ind.Ct.App.1990) (citing Burkes v. State, 445 N.E.2d 983, 985 (In

11
Burkes v. Stategreen
ind · 1983 · cited in 1 Indiana opinions naming this issue, 2010–2010
1 sentence

2010In such cireumstances, a "reviewing court may disregard the defendant's waiver of a particular issue for appellate review and reverse the defendant's conviction only if he has demonstrated the existence of fundamental error." Purifoy v. State, 821 N.E.2d 409, 412 (Ind.Ct.App.2005), trans. denied. "[In order to constitute fundamental error, an error must be blatant and the potential harm must be so substantial and apparent that to ignore it would clearly constitute a denial of due process." - Hinkle v. State, 569 N.E.2d 349, 350 (Ind.Ct.App.1990) (citing Burkes v. State, 445 N.E.2d 983, 985 (In

11
Riley v. Stategreen
ind · 1981 · cited in 1 Indiana opinions naming this issue, 2008–2008
2 sentences

2008See also Tapia v. State, 753 N.E.2d 581 , 588 n. 13 (Ind.2001); Riley v. State, 427 N.E.2d 1074, 1076 (Ind. 1981).

2008See also Tapia v. State, 753 N.E.2d 581 , 588 n. 13 (Ind.2001); Riley v. State, 427 N.E.2d 1074, 1076 (Ind. 1981).

11
Tapia v. Stategreen
ind · 2001 · cited in 1 Indiana opinions naming this issue, 2008–2008
2 sentences

2008See also Tapia v. State, 753 N.E.2d 581 , 588 n. 13 (Ind.2001); Riley v. State, 427 N.E.2d 1074, 1076 (Ind. 1981).

2008See also Tapia v. State, 753 N.E.2d 581 , 588 n. 13 (Ind.2001); Riley v. State, 427 N.E.2d 1074, 1076 (Ind. 1981).

11
White v. Stategreen
ind · 1997 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001Sisk v. State, 736 N.E.2d 250, 251 (Ind.2000); White v. State, 687 N.E.2d 178, 179 (Ind.1997); Clausen v. State, 622 N.E.2d 925, 927 (Ind.1993); Conner v. State, 580 N.E.2d 214, 220 (Ind.1991).

11
Sisk v. Stategreen
ind · 2000 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001Sisk v. State, 736 N.E.2d 250, 251 (Ind.2000); White v. State, 687 N.E.2d 178, 179 (Ind.1997); Clausen v. State, 622 N.E.2d 925, 927 (Ind.1993); Conner v. State, 580 N.E.2d 214, 220 (Ind.1991).

11
Conner v. Stategreen
ind · 1991 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001Sisk v. State, 736 N.E.2d 250, 251 (Ind.2000); White v. State, 687 N.E.2d 178, 179 (Ind.1997); Clausen v. State, 622 N.E.2d 925, 927 (Ind.1993); Conner v. State, 580 N.E.2d 214, 220 (Ind.1991).

11
Williams v. Stategreen
ind · 1997 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000Williams v. State, 690 N.E.2d 162, 173 (Ind.1997) (citing Mullins v. State, 646 N.E.2d 40, 44 (Ind.1995) (“In order to preserve a claim of trial court error in the admission or exclusion of evidence, it is necessary at trial to state the objection together with the specified ground or grounds therefore at the time the evidence is first offered.”)); see also Ingram v. State, 547 N.E.2d 823, 829 (Ind.1989) (recognizing that grounds not raised in the trial court are not available on appeal).

11
Ingram v. Stategreen
ind · 1989 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000Williams v. State, 690 N.E.2d 162, 173 (Ind.1997) (citing Mullins v. State, 646 N.E.2d 40, 44 (Ind.1995) (“In order to preserve a claim of trial court error in the admission or exclusion of evidence, it is necessary at trial to state the objection together with the specified ground or grounds therefore at the time the evidence is first offered.”)); see also Ingram v. State, 547 N.E.2d 823, 829 (Ind.1989) (recognizing that grounds not raised in the trial court are not available on appeal).

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
Bieghler v. State green
ind · 1997
1 sentence

2008Assuming for the sake of discussion that appellate counsel rendered deficient performance in not challenging the trial court’s summary denial, the question remains whether this un-raised issue “would have been clearly more *647 likely to result in reversal or an order for a new trial.” Bieghler, 690 N.E.2d at 194 .

12008–2008
Guraly v. TENTA green
indctapp · 1956
2 sentences

1996Nevertheless, as *440 the Willigs correctly contend, the case of Guraly v. Tenta, 126 Ind.App. 527 , 132 N.E.2d 725 (1956), is controlling. [The onus was upon the appellant [the party seeking specific performance] to establish not only that her asserted contract was one capable of specific performance but, also that the contract was binding upon and enforceable against the appellee.

1996Nevertheless, as *440 the Willigs correctly contend, the case of Guraly v. Tenta, 126 Ind.App. 527 , 132 N.E.2d 725 (1956), is controlling. [The onus was upon the appellant [the party seeking specific performance] to establish not only that her asserted contract was one capable of specific performance but, also that the contract was binding upon and enforceable against the appellee.

11996–1996
Harvey v. State green
ind · 1989
1 sentence

1995Harvey v. State (1989), Ind., 546 N.E.2d 844, 846 ; Gradison v. State (1973), 260 Ind. 688, 706 , 300 N.E.2d 67, 80 .

11995–1995
Gradison v. State green
ind · 1973
2 sentences

1995Harvey v. State (1989), Ind., 546 N.E.2d 844, 846 ; Gradison v. State (1973), 260 Ind. 688, 706 , 300 N.E.2d 67, 80 .

1995Harvey v. State (1989), Ind., 546 N.E.2d 844, 846 ; Gradison v. State (1973), 260 Ind. 688, 706 , 300 N.E.2d 67, 80 .

11995–1995
Underly v. Advance MacHine Co. green
indctapp · 1993
2 sentences

1995Co. (1993), Ind.App., 605 N.E.2d 1186 , reh'g denied, trans. denied.

1995We summarized the standard applied on appellate review to a claim of trial court error for not having given a tendered instruction in Underly v. Advance Mack Co. (1993), IndApp., 605 N.E.2d 1186 , reh'g denied trans, denied A party is normally entitled to have a tendered instruction read to the jury, and we will reverse the trial court for failure to give a tendered instruction if: (1) the instruction is a correct statement of law; (2) it is supported by the evidence; (3) it does not repeat material adequately covered by other instructions; and (4) the substantial rights of the tendering party

11995–1995

Statutes the citing opinions construe

IN § Ind. Code § 35-41-5-2 (3) IN § Ind. Code § 35-50-2-4 (3) IN § Ind. Code § 35-50-2-7 (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

VA 41 (2000–2020) PA 25 (1999–2025) MO 22 (1988–2025) IN 20 (1995–2023) FL 14 (2002–2021) CA 13 (1997–2026) MS 11 (2000–2021) TX 5 (1996–2018) IL 4 (2012–2023) OR 2 (2018–2021) AR 2 (2017–2019) CT 2 (2001–2010)

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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