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18 Indiana opinions name it 2 courts 1980–2008 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 |
|---|---|---|
Daniels v. Stategreen2 sentences1997In this case, the doctrine of retroactivity is governed by Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), adopted by our supreme court in Daniels v. State, 561 N.E.2d 487 (Ind.1990). 1997In this case, the doctrine of retroactivity is governed by Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), adopted by our supreme court in Daniels v. State, 561 N.E.2d 487 (Ind.1990). | 3 | 12 |
Teague v. Lanegreen2 sentences2008The Indiana Supreme Court has adopted the retroactivity analysis found in Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), and Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989). 2008The Indiana Supreme Court has adopted the retroactivity analysis found in Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), and Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989). | 1 | 11 |
State v. Mohlergreen1 sentence2008The general approach articulated in those cases is that “new rules of law do not apply retroactively to cases on collateral review unless they fall within one of two very narrow exceptions.” State v. Mohler, 694 N.E.2d 1129, 1133 (Ind.1998). | 1 | 1 |
Turner v. Stategreen2 sentences2007See, e.g., Turner v. State, 843 N.E.2d 937 , 943 n. 2 (Ind.Ct. 2007See, e.g., Turner v. State, 843 N.E.2d 937 , 943 n. 2 (Ind.Ct.App.2006). | 1 | 1 |
Beeks v. Stategreen1 sentence2002See Beeks v. State, 721 N.E.2d 339, 341 (Ind.Ct.App. 1999), trans. denied (2000) (applying the retroactivity rule set forth in Brown). | 1 | 1 |
King v. Statered1 sentence1994See also King v. State (1988), Ind., 517 N.E.2d 383, 384 ("'The challenged instruction is more similar to the instruction in Worley than the one in Smith."). | 1 | 1 |
Sulie v. Stategreen2 sentences1991In Sulie v. State (1988), Ind., 522 N.E.2d 380 , reh'g denied the supreme court remarked "Sulie has been unsuceessful in raising the issue in the federal courts and in his original appeal," id. at 382 , but nonetheless went on to the merits of retroactivity analysis, never mentioning either res judicata or Layton III. 1991In Sulie v. State (1988), Ind., 522 N.E.2d 380 , reh'g denied the supreme court remarked "Sulie has been unsuceessful in raising the issue in the federal courts and in his original appeal," id. at 382 , but nonetheless went on to the merits of retroactivity analysis, never mentioning either res judicata or Layton III. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Penry v. Lynaugh
red
2 sentences2008The Indiana Supreme Court has adopted the retroactivity analysis found in Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), and Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989). 2008The Indiana Supreme Court has adopted the retroactivity analysis found in Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), and Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989). | 5 | 1995–2008 |
Wright v. State
green
1 sentence1998The majority concludes that the new rule enunciated in Wright v. State, 658 N.E.2d 563 should not be applied retroactively in view of the retroactivity analysis espoused by the Supreme Court in Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), reh’g denied. | 1 | 1998–1998 |
McNeil v. Springfield Park District
green
1 sentence1996The doctrine of retroactivity is governed by Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 108 L.Ed.2d 334 (1989), reh'g denied, 490 U.S. 1031 , 109 S.Ct. 1771 , 104 L.Ed.2d 206 , which was adopted by our supreme court in Daniels v. State, 561 N.E.2d 487 (Ind.1990). | 1 | 1996–1996 |
Street v. State
green
2 sentences1994The opinion in this case makes only the most oblique reference to the issue appellant has presented in this appeal, whether the decision in Street v. State (1991), Ind., 567 N.E.2d 102 , meets the retroactivity standard of Daniels v. State (1990), Ind., 561 N.E.2d 487 , such that it may be applied to Mr. Huffman. 1994The opinion in this case makes only the most oblique reference to the issue appellant has presented in this appeal, whether the decision in Street v. State (1991), Ind., 567 N.E.2d 102 , meets the retroactivity standard *902 of Daniels v. State (1990), Ind., 561 N.E.2d 487 , such that it may be applied to Mr. Huffman. | 1 | 1994–1994 |
Fossey v. State
green
2 sentences1991After the Jarrett decision was handed down, Shoulders filed his petition for post-conviction relief claiming, based on the three-part retroactivity test announced in Fossey v. State (1970), 254 Ind. 173 , 258 N.E.2d 616 and reaffirmed in Rowley v. State (1985), Ind., 483 N.E.2d 1078 , that he was entitled to retroactive application of the rule announced in Jarrett. 1991After the Jarrett decision was handed down, Shoulders filed his petition for post-conviction relief claiming, based on the three-part retroactivity test announced in Fossey v. State (1970), 254 Ind. 173 , 258 N.E.2d 616 and reaffirmed in Rowley v. State (1985), Ind., 483 N.E.2d 1078 , that he was entitled to retroactive application of the rule announced in Jarrett. | 1 | 1991–1991 |
Rowley v. State
green
2 sentences1991After the Jarrett decision was handed down, Shoulders filed his petition for post-conviction relief claiming, based on the three-part retroactivity test announced in Fossey v. State (1970), 254 Ind. 173 , 258 N.E.2d 616 and reaffirmed in Rowley v. State (1985), Ind., 483 N.E.2d 1078 , that he was entitled to retroactive application of the rule announced in Jarrett . 1991After the Jarrett decision was handed down, Shoulders filed his petition for post-conviction relief claiming, based on the three-part retroactivity test announced in Fossey v. State (1970), 254 Ind. 173 , 258 N.E.2d 616 and reaffirmed in Rowley v. State (1985), Ind., 483 N.E.2d 1078 , that he was entitled to retroactive application of the rule announced in Jarrett. | 1 | 1991–1991 |
Ramos v. State
green
1 sentence1991Id. | 1 | 1991–1991 |
Johnson v. New Jersey
green
2 sentences1980We see nothing in Robinson to indicate disapproval of the Court’s earlier statement that “the retro-activity or nonretroactivity of a rule is not automatically determined by the provision of the Constitution on which the dictate is based.” Johnson v. New Jersey, (1966) 384 U.S. 719, 728 , 86 S.Ct. 1772, 1778 , 16 L.Ed.2d 882 . 1980We see nothing in Robinson to indicate disapproval of the Court’s earlier statement that “the retro-activity or nonretroactivity of a rule is not automatically determined by the provision of the Constitution on which the dictate is based.” Johnson v. New Jersey, (1966) 384 U.S. 719, 728 , 86 S.Ct. 1772, 1778 , 16 L.Ed.2d 882 . | 1 | 1980–1980 |
Waller v. Florida
green
2 sentences1980Jackson v. Justices of Superior Court of Mass., (1st Cir. 1977) 549 F.2d 215 , cert. denied, 430 U.S. 975 , 97 S.Ct. 1666 , 52 L.Ed.2d 370 , effectively distinguishes Robinson : It is true that the Court in Robinson stated that the usual retroactivity analysis was not appropriate in deciding that retroactive effect was to be given to the decision in Waller v. Florida, (1970) 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , barring the trial on state charges of persons already tried and convicted on municipal charges for the same acts, 409 U.S. at 507 , 93 S.Ct. 876 , but it is equally true that 1980Jackson v. Justices of Superior Court of Mass., (1st Cir. 1977) 549 F.2d 215 , cert. denied, 430 U.S. 975 , 97 S.Ct. 1666 , 52 L.Ed.2d 370 , effectively distinguishes Robinson : It is true that the Court in Robinson stated that the usual retroactivity analysis was not appropriate in deciding that retroactive effect was to be given to the decision in Waller v. Florida, (1970) 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , barring the trial on state charges of persons already tried and convicted on municipal charges for the same acts, 409 U.S. at 507 , 93 S.Ct. 876 , but it is equally true that | 1 | 1980–1980 |
Robinson v. Neil
green
2 sentences1980Jackson v. Justices of Superior Court of Mass., (1st Cir. 1977) 549 F.2d 215 , cert. denied, 430 U.S. 975 , 97 S.Ct. 1666 , 52 L.Ed.2d 370 , effectively distinguishes Robinson : It is true that the Court in Robinson stated that the usual retroactivity analysis was not appropriate in deciding that retroactive effect was to be given to the decision in Waller v. Florida, (1970) 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , barring the trial on state charges of persons already tried and convicted on municipal charges for the same acts, 409 U.S. at 507 , 93 S.Ct. 876 , but it is equally true that 1980Jackson v. Justices of Superior Court of Mass., (1st Cir. 1977) 549 F.2d 215 , cert. denied, 430 U.S. 975 , 97 S.Ct. 1666 , 52 L.Ed.2d 370 , effectively distinguishes Robinson : It is true that the Court in Robinson stated that the usual retroactivity analysis was not appropriate in deciding that retroactive effect was to be given to the decision in Waller v. Florida, (1970) 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , barring the trial on state charges of persons already tried and convicted on municipal charges for the same acts, 409 U.S. at 507 , 93 S.Ct. 876 , but it is equally true that | 1 | 1980–1980 |
Kenneth Jackson v. Justices of the Superior Court of Massachusetts
green
1 sentence1980Jackson v. Justices of Superior Court of Mass., (1st Cir. 1977) 549 F.2d 215 , cert. denied, 430 U.S. 975 , 97 S.Ct. 1666 , 52 L.Ed.2d 370 , effectively distinguishes Robinson : It is true that the Court in Robinson stated that the usual retroactivity analysis was not appropriate in deciding that retroactive effect was to be given to the decision in Waller v. Florida, (1970) 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , barring the trial on state charges of persons already tried and convicted on municipal charges for the same acts, 409 U.S. at 507 , 93 S.Ct. 876 , but it is equally true that | 1 | 1980–1980 |
Petty v. United States
green
1 sentence1980Jackson v. Justices of Superior Court of Mass., (1st Cir. 1977) 549 F.2d 215 , cert. denied, 430 U.S. 975 , 97 S.Ct. 1666 , 52 L.Ed.2d 370 , effectively distinguishes Robinson : It is true that the Court in Robinson stated that the usual retroactivity analysis was not appropriate in deciding that retroactive effect was to be given to the decision in Waller v. Florida, (1970) 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , barring the trial on state charges of persons already tried and convicted on municipal charges for the same acts, 409 U.S. at 507 , 93 S.Ct. 876 , but it is equally true that | 1 | 1980–1980 |
Justices of Superior Court v. Jackson
green
1 sentence1980Jackson v. Justices of Superior Court of Mass., (1st Cir. 1977) 549 F.2d 215 , cert. denied, 430 U.S. 975 , 97 S.Ct. 1666 , 52 L.Ed.2d 370 , effectively distinguishes Robinson : It is true that the Court in Robinson stated that the usual retroactivity analysis was not appropriate in deciding that retroactive effect was to be given to the decision in Waller v. Florida, (1970) 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , barring the trial on state charges of persons already tried and convicted on municipal charges for the same acts, 409 U.S. at 507 , 93 S.Ct. 876 , but it is equally true that | 1 | 1980–1980 |
Evans v. Reed
green
1 sentence1980Jackson v. Justices of Superior Court of Mass., (1st Cir. 1977) 549 F.2d 215 , cert. denied, 430 U.S. 975 , 97 S.Ct. 1666 , 52 L.Ed.2d 370 , effectively distinguishes Robinson : It is true that the Court in Robinson stated that the usual retroactivity analysis was not appropriate in deciding that retroactive effect was to be given to the decision in Waller v. Florida, (1970) 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , barring the trial on state charges of persons already tried and convicted on municipal charges for the same acts, 409 U.S. at 507 , 93 S.Ct. 876 , but it is equally true that | 1 | 1980–1980 |
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.