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17 Indiana opinions name it 2 courts 1984–2023 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 |
|---|---|---|
Hopkins v. Stategreen2 sentences1993In Hopkins v. State (1991), Ind., 579 N.E.2d 1297, 1305 , Justice Dickson's concurring opinion, joined by Justice Krahulik, calls into question the efficacy of the Frye test in Indiana. 1993In Hopkins v. State (1991), Ind., 579 N.E.2d 1297, 1805 , Justice Dickson's concurring opinion, joined by Justice Krahulik, calls into question the efficacy of the Frye test in Indiana. | 2 | 6 |
Cornett v. Stategreen2 sentences1993Indiana adopted the Frye test, quoting with approval the above-quoted excerpt, in Cornett v. State (1983) Ind., 450 N.E.2d 498, 503 . . 1993Indiana adopted the Frye test, quoting with approval the above-quoted excerpt, in Cornett v. State (1983) Ind., 450 N.E.2d 498, 503 . . | 1 | 3 |
State v. Wardengreen2 sentences2017The court disallowed the girl’s testimony and the petition against the father was withdrawn. 2 State v. Warden, 257 Kan. 94 , 891 P.2d 1074 (1995), was a direct appeal raising issues about a victim’s competency and ability to communicate. 2017The court disallowed the girl’s testimony and the petition against the father was withdrawn. 2 State v. Warden, 257 Kan. 94 , 891 P.2d 1074 (1995), was a direct appeal raising issues about a victim’s competency and ability to communicate. | 1 | 1 |
Stewart v. Stategreen2 sentences2014See Stewart, 768 N.E.2d at 435 . 2014See Stewart, 768 N.E.2d at 435 . | 1 | 1 |
Carter v. Stategreen2 sentences1999Third, because the Rules of Evidence do not apply, common law rules in effect prior to the adoption govern. 2 And because the Frye test was the applicable common-law rule, the Court of Appeals reasoned that “reliance on Frye is still valid for probation matters.” Carter, 685 N.E.2d at 1115 n. 3. 1999Third, because the Rules of Evidence do not apply, common law rules in effect prior to the adoption govern. 2 And because the Frye test was the applicable common-law rule, the Court of Appeals reasoned that “reliance on Frye is still valid for probation matters.” Carter, 685 N.E.2d at 1115 n. 3. | 1 | 1 |
Austex, Ltd. v. Texasgreen2 sentences1995See note 15, infra. [13] Jenkins v. State (1993), Ind., 627 N.E.2d 789 , reh'g denied, cert. denied, ___ U.S. ___, 115 S.Ct. 64 , 130 L.Ed.2d 21 (1994); Lockhart v. State (1993), Ind., 609 N.E.2d 1093, 1098 ; Woodcox v. State (1992), Ind., 591 N.E.2d 1019, 1026-27 ; Davidson v. State (1991), Ind., 580 N.E.2d 238, 243 , reh'g denied. [14] This is so notwithstanding Indiana Code § 35-37-4-13 (1991 Supp.). 1995See note 15, infra. [13] Jenkins v. State (1993), Ind., 627 N.E.2d 789 , reh'g denied, cert. denied, ___ U.S. ___, 115 S.Ct. 64 , 130 L.Ed.2d 21 (1994); Lockhart v. State (1993), Ind., 609 N.E.2d 1093, 1098 ; Woodcox v. State (1992), Ind., 591 N.E.2d 1019, 1026-27 ; Davidson v. State (1991), Ind., 580 N.E.2d 238, 243 , reh'g denied. [14] This is so notwithstanding Indiana Code § 35-37-4-13 (1991 Supp.). | 1 | 1 |
Jenkins v. Stategreen1 sentence1995See note 15, infra. [13] Jenkins v. State (1993), Ind., 627 N.E.2d 789 , reh'g denied, cert. denied, ___ U.S. ___, 115 S.Ct. 64 , 130 L.Ed.2d 21 (1994); Lockhart v. State (1993), Ind., 609 N.E.2d 1093, 1098 ; Woodcox v. State (1992), Ind., 591 N.E.2d 1019, 1026-27 ; Davidson v. State (1991), Ind., 580 N.E.2d 238, 243 , reh'g denied. [14] This is so notwithstanding Indiana Code § 35-37-4-13 (1991 Supp.). | 1 | 1 |
Paul Ross Wooton v. Pumpkin Air, Inc.green2 sentences1993See U.S. v. Smith (1989) 7th Cir., 869 F.2d 848 . 1993See U.S. v. Smith (1989) 7th Cir., 869 F.2d 848 . | 1 | 1 |
United States v. Tamara Jo Smithgreen2 sentences1993See U.S. v. Smith (1989) 7th Cir., 869 F.2d 348 . 1993See U.S. v. Smith (1989) 7th Cir., 869 F.2d 348 . | 1 | 1 |
United States v. Isiah Williams and Michael Manninggreen2 sentences1993See U.S. v. Williams (1978) 2d Cir., 583 F.2d 1194 . 1993See U.S. v. Williams (1978) 2d Cir., 583 F.2d 1194 . | 1 | 1 |
State v. Cavallogreen2 sentences1992E.g., State v. Cavallo, 88 N.J. 508 , 443 A.2d 1020, 1025 (1982) (profile testimony offered to prove sexual abuse had not occurred excluded because not shown to be scientifically reliable); State v. Pearson, 20 Conn.App. 115 , 564 A.2d 626 (1989) (testimony that defendant did not fit profile of pedophile properly excluded because Frye test not met). 1992E.g., State v. Cavallo, 88 N.J. 508 , 443 A.2d 1020, 1025 (1982) (profile testimony offered to prove sexual abuse had not occurred excluded because not shown to be scientifically reliable); State v. Pearson, 20 Conn.App. 115 , 564 A.2d 626 (1989) (testimony that defendant did not fit profile of pedophile properly excluded because Frye test not met). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
2 sentences2001This is analogous to the liberalizing of the Frye rule achieved by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). 5 See McGrew, 682 N.E.2d at 1291 n. 4. 2001This is analogous to the liberalizing of the Frye rule achieved by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). 5 See McGrew, 682 N.E.2d at 1291 n. 4. | 4 | 1996–2001 |
Frye v. United States
red
2 sentences1991Recognizing the issue to be one of first impression in Indiana involving the admissibility of novel scientific evidence, the trial court, observing our decision in Cornett v. State (1983), Ind., 450 N.E.2d 498 , conducted a Frye hearing, so named after Frye v. United States (D.C.Cir.1923), 293 F. 1013 , which decision set forth the inquiry still generally followed in assessing the reliability of novel scientific evidence, to determine whether such DNA evidence is generally accepted by the relevant scientific community. 1991Recognizing the issue to be one of first impression in Indiana involving the admissibility of novel scientific evidence, the trial court, observing our decision in Cornett v. State (1983), Ind., 450 N.E.2d 498 , conducted a Frye hearing, so named after Frye v. United States (D.C.Cir.1923), 293 F. 1013 , which decision set forth the inquiry still generally followed in assessing the reliability of novel scientific evidence, to determine whether such DNA evidence is generally accepted by the relevant scientific community. | 2 | 1989–1991 |
Chi Yun Ho v. Frye
green
1 sentence2023Id. | 1 | 2023–2023 |
Storch v. Syracuse University
green
2 sentences2017Storch v. Syracuse Univ., 165 Misc.2d 621 , 629 N.Y.S.2d 958 (1995), involves the admissibility of statements allegedly made by a young autistic girl who cannot speak. 2017Storch v. Syracuse Univ., 165 Misc.2d 621 , 629 N.Y.S.2d 958 (1995), involves the admissibility of statements allegedly made by a young autistic girl who cannot speak. | 1 | 2017–2017 |
In re Luz P.
green
2 sentences2017In Matter of Luz P., 189 A.D.2d 274 , 595 N.Y.S.2d 541 (1993), the issue was the use of facilitated communication in a child protective services proceeding involving an eleven-year-old, non-verbal, autistic girl, who alleged by this method of communication that her parents were sexually abusing her. 2017In Matter of Luz P., 189 A.D.2d 274 , 595 N.Y.S.2d 541 (1993), the issue was the use of facilitated communication in a child protective services proceeding involving an eleven-year-old, non-verbal, autistic girl, who alleged by this method of communication that her parents were sexually abusing her. | 1 | 2017–2017 |
Sears Roebuck and Co. v. Manuilov
green
2 sentences2005Id. at 460-61 . 2005Id. at 460-61 . | 1 | 2005–2005 |
McGrew v. State
green
2 sentences2001This is analogous to the liberalizing of the Frye rule achieved by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). 5 See McGrew, 682 N.E.2d at 1291 n. 4. 2001This is analogous to the liberalizing of the Frye rule achieved by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 *461 S.Ct. 2786, 125 L.Ed.2d 469 (1993). [5] See McGrew, 682 N.E.2d at 1291 n. 4. | 1 | 2001–2001 |
Woodcox v. State
green
1 sentence1995See note 15, infra. [13] Jenkins v. State (1993), Ind., 627 N.E.2d 789 , reh'g denied, cert. denied, ___ U.S. ___, 115 S.Ct. 64 , 130 L.Ed.2d 21 (1994); Lockhart v. State (1993), Ind., 609 N.E.2d 1093, 1098 ; Woodcox v. State (1992), Ind., 591 N.E.2d 1019, 1026-27 ; Davidson v. State (1991), Ind., 580 N.E.2d 238, 243 , reh'g denied. [14] This is so notwithstanding Indiana Code § 35-37-4-13 (1991 Supp.). | 1 | 1995–1995 |
Lockhart v. State
green
1 sentence1995See note 15, infra. [13] Jenkins v. State (1993), Ind., 627 N.E.2d 789 , reh'g denied, cert. denied, ___ U.S. ___, 115 S.Ct. 64 , 130 L.Ed.2d 21 (1994); Lockhart v. State (1993), Ind., 609 N.E.2d 1093, 1098 ; Woodcox v. State (1992), Ind., 591 N.E.2d 1019, 1026-27 ; Davidson v. State (1991), Ind., 580 N.E.2d 238, 243 , reh'g denied. [14] This is so notwithstanding Indiana Code § 35-37-4-13 (1991 Supp.). | 1 | 1995–1995 |
Davidson v. State
green
1 sentence1995See note 15, infra. [13] Jenkins v. State (1993), Ind., 627 N.E.2d 789 , reh'g denied, cert. denied, ___ U.S. ___, 115 S.Ct. 64 , 130 L.Ed.2d 21 (1994); Lockhart v. State (1993), Ind., 609 N.E.2d 1093, 1098 ; Woodcox v. State (1992), Ind., 591 N.E.2d 1019, 1026-27 ; Davidson v. State (1991), Ind., 580 N.E.2d 238, 243 , reh'g denied. [14] This is so notwithstanding Indiana Code § 35-37-4-13 (1991 Supp.). | 1 | 1995–1995 |
State v. Person
green
2 sentences1992E.g., State v. Cavallo, 88 N.J. 508 , 443 A.2d 1020, 1025 (1982) (profile testimony offered to prove sexual abuse had not occurred excluded because not shown to be scientifically reliable); State v. Pearson, 20 Conn.App. 115 , 564 A.2d 626 (1989) (testimony that defendant did not fit profile of pedophile properly excluded because Frye test not met). 1992E.g., State v. Cavallo, 88 N.J. 508 , 443 A.2d 1020, 1025 (1982) (profile testimony offered to prove sexual abuse had not occurred excluded because not shown to be scientifically reliable); State v. Pearson, 20 Conn.App. 115 , 564 A.2d 626 (1989) (testimony that defendant did not fit profile of pedophile properly excluded because Frye test not met). | 1 | 1992–1992 |
Smith v. State
green
2 sentences1991He cites Smith v. State (1982), Ind., 432 N.E.2d 1363 , wherein we held the trial court's corrective measures taken to alleviate juror inattentiveness obviated any need for a mistrial. 1991He cites Smith v. State (1982), Ind., 432 N.E.2d 1363 , wherein we held the trial court's corrective measures taken to alleviate juror inattentiveness obviated any need for a mistrial. | 1 | 1991–1991 |
Waldo v. Gregory Ex Rel. Gregory
green
2 sentences1984In Re Paternity of Gregory (1st Dist.1984) Ind.App. 469 N.E.2d 480 . 2 . 1984In Re Paternity of Gregory (1st Dist.1984) Ind.App. 469 N.E.2d 480 . 2 . | 1 | 1984–1984 |
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.