Indiana Constitution constitutes waiver (Indiana) · Go Syfert
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Indiana Constitution constitutes waiver in Indiana

15 Indiana opinions name it 2 courts 1995–2018 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.

Followed or applied (5)

CaseFollowedCited
Abel v. Stategreen
ind · 2002 · cited in 8 Indiana opinions naming this issue, 2008–2018
2 sentences

2018See Abel v. State, 773 N.E.2d 276 , 278 n.1 (Ind. 2002) (holding that because the defendant presented no authority or independent analysis supporting a separate standard under the state constitution, any state constitutional claim is waived).

2018See also Decker, 19 N.E.3d at 375 n.3 (“Failure to make a cogent argument under the Indiana Constitution constitutes waiver of the issue on appeal.”) (citing Abel v. State, 773 N.E.2d 276 , 278 n.1 (Ind. 2002)). [28] Notwithstanding any issues of waiver, we cannot agree with Dangerfield to the extent that he argues that the police conduct was not reasonable under the totality of the circumstances.

78
West v. Stategreen
ind · 2001 · cited in 4 Indiana opinions naming this issue, 2002–2014
2 sentences

2014See Ind. Appellate Rule 46(A)(8); Polk v. State, 822 N.E.2d 239 , 245 n.5 (Ind. Ct. App. 2005) (citing West v. State, 755 N.E.2d 173, 181 (Ind. 2001)), trans. denied. 5 product of an unconstitutional search in violation of the Fourth Amendment.5 The Fourth Amendment protects persons from unreasonable searches and seizures and this protection has been extended to the states through the Fourteenth Amendment.

2013See Abel v. State, 773 N.E.2d 276 , 278 n. 1 (Ind.2002) (concluding state constitutional claim waived where defendant presented no authority or independent analysis supporting separate standard under state constitution); West v. State, 755 N.E.2d 173, 181 (Ind.2001) (citations omitted); Ind. Appellate Rule 46(A)(8). 4 .

44
Spranger v. Stategreen
ind · 1995 · cited in 2 Indiana opinions naming this issue, 2000–2001
2 sentences

2001See Spranger v. State, 650 N.E.2d 1117 , 1126 n. 2 (Ind.1995) ("This failure to present legal analysis to support a claimed violation of the Indiana Constitution constitutes waiver of such an argument."). [13] IND.CODE § 35-50-2-4 ("A person who commits a Class A felony shall be imprisoned for a fixed term of thirty (30) years, with not more than twenty (20) years added for aggravating circumstances or not more than ten (10) years subtracted for mitigating circumstances...."). [14] Id. § 35-50-2-6(a) ("A person who commits a Class C felony shall be imprisoned for a fixed term of four (4) years

2001See Spranger v. State, 650 N.E.2d 1117 , 1126 n. 2 (Ind.1995) ("'This failure to present legal analysis to support a claimed violation of the Indiana Constitution constitutes waiver of such an argument."). .

22
Paul Allen Decker v. State of Indianagreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018See also Decker, 19 N.E.3d at 375 n.3 (“Failure to make a cogent argument under the Indiana Constitution constitutes waiver of the issue on appeal.”) (citing Abel v. State, 773 N.E.2d 276 , 278 n.1 (Ind. 2002)). [28] Notwithstanding any issues of waiver, we cannot agree with Dangerfield to the extent that he argues that the police conduct was not reasonable under the totality of the circumstances.

11
Rybolt v. Stategreen
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2005–2005
1 sentence

2005See, eg., Rybolt v. State, 770 N.E.2d 935 , 942 n. 2 (Ind.Ct.App.2002) (the defendant to provide an independent analysis of Article I, Section 11 of the Indiana Constitution," and "the failure to make a cogent argument under Article I, Section 11 of the Indiana Constitution constitutes waiver of the issue on appeal"), trans. denied.

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 (2)

CaseCitedYears
Polk v. State green
indctapp · 2005
1 sentence

2014See Ind. Appellate Rule 46(A)(8); Polk v. State, 822 N.E.2d 239 , 245 n.5 (Ind. Ct. App. 2005) (citing West v. State, 755 N.E.2d 173, 181 (Ind. 2001)), trans. denied. 5 product of an unconstitutional search in violation of the Fourth Amendment.5 The Fourth Amendment protects persons from unreasonable searches and seizures and this protection has been extended to the states through the Fourteenth Amendment.

12014–2014
Bivins v. State green
ind · 1995
1 sentence

1995Bivins v. State (1994), Ind., 642 N.E.2d 928 , 936 n. 1. 3 .

11995–1995

Statutes the citing opinions construe

IN § Ind. Code § 35-48-4-11 (3) IN § Ind. Code § 35-48-4-6 (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.

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