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15 Indiana opinions name it 2 courts 1980–2019 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 |
|---|---|---|
Casada v. Stategreen2 sentences2013As such, this includes any critical stage in *349 which “ ‘(1) incrimination may occur or (2) where the opportunity for effective defense must be seized or be foregone.’ ” Hernandez, 761 N.E.2d at 850 (quoting Casada v. State, 544 N.E.2d 189, 198 (Ind.Ct.App. 1989)). 2011This includes any critical stage in which “ ‘(1) incrimination may occur or (2) where the opportunity for effective defense must be seized or be foregone.’ ” Id. at 850 (quoting Casada v. State, 544 N.E.2d 189, 198 (Ind.Ct.App.1989), trails, denied). | 2 | 3 |
Greenlee v. Stategreen2 sentences2015“Such a stage is considered a ‘critical stage,’ that is, any stage in a criminal proceeding where incrimination may occur or where the opportunity for effective defense must be seized or be foregone.” Id. (quoting Greenlee v. State, 477 N.E.2d 917, 920 (Ind. Ct. App. 1985)). 2000Greenlee v. State, 477 N.E.2d 917, 920 (Ind.Ct.App.1985). | 2 | 2 |
Manley v. Stategreen2 sentences1991Rhoton misconstrues the meaning of "eritical stage." "'Critical stages' are those parts of the proceedings, where (1) incrimination may occur or (2) where the opportunity for effective defense must be seized or be forgone." Manley v. State (1980), Ind.App., 410 N.E.2d 1338, 1342 . 1989Manley v. State (1980), Ind.App., 410 N.E.2d 1338, 1342 (citing United States v. Wade (1967), 388 U.S. 218, 226 , 87 S.Ct. 1926, 1932 , 18 L.Ed.2d 1149, 1157 .) Such a stage is a "critical stage", and is any stage where (1) incrimination may occur or (2) where the opportunity for effective defense must be seized or be forgone. | 1 | 4 |
Hopper v. Stategreen2 sentences2019See Hopper v. State, 957 N.E.2d 613, 616 (Ind. 2011) (noting that a defendant’s right to counsel arises during critical stages in which incrimination may occur or where the opportunity for effective defense must be seized or foregone). 2016This includes any critical stage in which “(1) incrimination may occur or (2) where the opportunity for effective defense must be seized or be foregone.” Id. (internal quotations omitted). | 1 | 3 |
United States of America Ex Rel. Cleveland Reed v. Raymond Anderson, Warden, Delaware Correctional Centergreen2 sentences1984These critical stages have been defined as “those links in the prosecutorial chain of events in which the potential for incrimination inheres or at which the opportunity for effective defense must be seized or foregone.” United States v. Anderson, (3d Cir.1972) 461 F.2d 739, 742 . 1980“Critical stage” has been defined as “those links in the prosecutorial chain of events in which the potential for incrimination inheres or at which the opportunity for effective defense must be seized or foregone.” United States v. Anderson, (3d Cir. 1972) 461 F.2d 739, 742 (where pretrial photographic identification by witness was held not to be a critical stage of the proceedings). | 1 | 2 |
Williams v. Stategreen2 sentences2002More recently, this Court formulated the test for identifying a "critical stage" as " 'whether the defendant is confronted with the intricacies of the law or the advocacy of the public prosecutor or prosecuting authorities." Dullen v. State, 721 N.E.2d 241, 242 (Ind.1999) (quoting Williams v. State, 555 N.E.2d 133, 136 (Ind.1990)). 2002More recently, this Court formulated the test for identifying a "critical stage" as "`whether the defendant is confronted with the intricacies of the law or the advocacy of the public prosecutor or prosecuting authorities.'" Dullen v. State, 721 N.E.2d 241, 242 (Ind.1999) (quoting Williams v. State, 555 N.E.2d 133, 136 (Ind.1990)). | 1 | 1 |
Dullen v. Stategreen2 sentences2002More recently, this Court formulated the test for identifying a "critical stage" as " 'whether the defendant is confronted with the intricacies of the law or the advocacy of the public prosecutor or prosecuting authorities." Dullen v. State, 721 N.E.2d 241, 242 (Ind.1999) (quoting Williams v. State, 555 N.E.2d 133, 136 (Ind.1990)). 2002More recently, this Court formulated the test for identifying a "critical stage" as "`whether the defendant is confronted with the intricacies of the law or the advocacy of the public prosecutor or prosecuting authorities.'" Dullen v. State, 721 N.E.2d 241, 242 (Ind.1999) (quoting Williams v. State, 555 N.E.2d 133, 136 (Ind.1990)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hernandez v. State
green
2 sentences2015“This includes any critical stage in which ‘(1) incrimination may occur or (2) where the opportunity for effective defense must be seized or be foregone.’” Id. (quoting Hernandez, 761 N.E.2d at 850 ). 2015“This includes any critical stage in which ‘(1) incrimination may occur or (2) where the opportunity for effective defense must be seized or be foregone.’” Id. (quoting Hernandez, 761 N.E.2d at 850 ). | 3 | 2011–2015 |
United States v. Wade
green
2 sentences2015“Such a stage is considered a ‘critical stage,’ that is, any stage in a criminal proceeding where incrimination may occur or where the opportunity for effective defense must be seized or be foregone.” Id. (quoting Greenlee v. State, 477 N.E.2d 917, 920 (Ind. Ct. App. 1985)). 1989Manley v. State (1980), Ind.App., 410 N.E.2d 1338, 1342 (citing United States v. Wade (1967), 388 U.S. 218, 226 , 87 S.Ct. 1926, 1932 , 18 L.Ed.2d 1149, 1157 .) Such a stage is a "critical stage", and is any stage where (1) incrimination may occur or (2) where the opportunity for effective defense must be seized or be forgone. | 2 | 1989–2015 |
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.