has recognized exception (Indiana) · Go Syfert
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has recognized exception in Indiana

14 Indiana opinions name it 2 courts 1879–2016 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
Alexander v. PSB Lending Corp.green
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016The complaints are merely ‘proposed’" class actions.” Alexander v. PSB Lending Corp., 800 N.E.2d 984, 991-92 (Ind.Ct.App.2003) (rejecting plaintiffs’ argument that standing may be determined on classwide basis), trans. denied.

11
Sims v. Stategreen
ind · 1992 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996See, e.g., Daymude v. State, 540 N.E.2d 1263, 1268 (Ind.Ct.App.1989) (communications between defendant and family counselor held to be privileged where court required defendant to participate in counseling under threat of court action), trans. denied; Sims v. State, 601 N.E.2d 344, 346 (Ind.1992) (communications between defendant and therapist held to be privileged where defendant ordered to complete sexual abuse treatment program and where noncompliance could have resulted in contempt of court or probation violation).

11
Daymude v. Stategreen
indctapp · 1989 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996See, e.g., Daymude v. State, 540 N.E.2d 1263, 1268 (Ind.Ct.App.1989) (communications between defendant and family counselor held to be privileged where court required defendant to participate in counseling under threat of court action), trans. denied; Sims v. State, 601 N.E.2d 344, 346 (Ind.1992) (communications between defendant and therapist held to be privileged where defendant ordered to complete sexual abuse treatment program and where noncompliance could have resulted in contempt of court or probation violation).

11
State v. Edgmangreen
indctapp · 1983 · cited in 1 Indiana opinions naming this issue, 1991–1991
1 sentence

1991See State v. Edgman (1983), Ind., 447 N.E.2d 1091 ; Johnson v. State (1982), Ind., 432 N.E.2d 1358 .

11
Ryan v. Currangreen
· 1878 · cited in 1 Indiana opinions naming this issue, 1879–1879
1 sentence

1879See Ryan v. Curran, 64 Ind. 345 , and authorities there cited.

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 (17)

CaseCitedYears
Metropolitan Life Insurance v. State neutral
ind · 1924
2 sentences

1989In Metropolitan Life Insurance Co. v. State (1924), 194 Ind. 657 , 144 N.E. 420 , we held that one who is entitled to a tax refund, to be fully compensated for the loss of the use of his money, is entitled to interest on the amount despite the lack of statutory authority granting a right to receive such interest.

1989In Metropolitan Life Insurance Co. v. State (1924), 194 Ind. 657 , 144 N.E. 420 , we held that one who is entitled to a tax refund, to be fully compensated for the loss of the use of his money, is entitled to interest on the amount despite the lack of statutory authority granting a right to receive such interest.

21989–1989
Robinson v. Moser green
ind · 1931
2 sentences

1963In construing our Constitution this court has decided ‘that which is expressed makes that which is silent to cease.’ Robinson v. Moser (1931), 203 Ind. 66 , 179 N. E. 270 ; State v. Patterson (1914), 181 Ind. 660 , 105 N. E. 228 .” It seems illogical that this court would hold that the legislative branch of government cannot prescribe additional qualifications to a constitutional office such as Justice of the Peace, and yet do that very thing to a Prosecuting Attorney as the judicial branch of government.

1963In construing our Constitution this court has decided ‘that which is expressed makes that which is silent to cease.’ Robinson v. Moser (1931), 203 Ind. 66 , 179 N. E. 270 ; State v. Patterson (1914), 181 Ind. 660 , 105 N. E. 228 .” It seems illogical that this court would hold that the legislative branch of government cannot prescribe additional qualifications to a constitutional office such as Justice of the Peace, and yet do that very thing to a Prosecuting Attorney as the judicial branch of government.

21963–1963
In Re Petition of Justice of the Peace Assoc. of Ind. green
ind · 1958
2 sentences

1963In the case In re Petition of Justice of the Peace Assoc. of Ind. (1958), 237 Ind. 436, 440 , 147 N. E. 2d 16 , it was said by this Court: “This court has recognized the rule that where the Constitution prescribes qualifications for constitutional officers, the General Assembly cannot prescribe additional qualifications.

1963In the case In re Petition of Justice of the Peace Assoc. of Ind. (1958), 237 Ind. 436, 440 , 147 N. E. 2d 16 , it was said by this Court: “This court has recognized the rule that where the Constitution prescribes qualifications for constitutional officers, the General Assembly cannot prescribe additional qualifications.

21963–1963
State v. Patterson green
ind · 1914
2 sentences

1963In construing our Constitution this court has decided ‘that which is expressed makes that which is silent to cease.’ Robinson v. Moser (1931), 203 Ind. 66 , 179 N. E. 270 ; State v. Patterson (1914), 181 Ind. 660 , 105 N. E. 228 .” It seems illogical that this court would hold that the legislative branch of government cannot prescribe additional qualifications to a constitutional office such as Justice of the Peace, and yet do that very thing to a Prosecuting Attorney as the judicial branch of government.

1963In construing our Constitution this court has decided ‘that which is expressed makes that which is silent to cease.’ Robinson v. Moser (1931), 203 Ind. 66 , 179 N. E. 270 ; State v. Patterson (1914), 181 Ind. 660 , 105 N. E. 228 .” It seems illogical that this court would hold that the legislative branch of government cannot prescribe additional qualifications to a constitutional office such as Justice of the Peace, and yet do that very thing to a Prosecuting Attorney as the judicial branch of government.

21963–1963
Johnson v. State green
ind · 1982
1 sentence

1991See State v. Edgman (1983), Ind., 447 N.E.2d 1091 ; Johnson v. State (1982), Ind., 432 N.E.2d 1358 .

11991–1991
Loyd v. State green
ind · 1980
2 sentences

1990This Court has recognized an exception to Crim.Rule 4(B) for court congestion where "any exigent circumstance ... warrant[s] a reasonable delay beyond the limitation of [Crim.R. 4], due deference being given to the defendant's speedy trial rights under the rule." Loyd v. State (1980), 272 Ind. 404, 409 , 398 N.E.2d 1260, 1265 , cert. denied, 449 U.S. 881 , 101 S.Ct. 281 , 66 L.Ed.2d 105 .

1990This Court has recognized an exception to Crim.Rule 4(B) for court congestion where "any exigent circumstance ... warrant[s] a reasonable delay beyond the limitation of [Crim.R. 4], due deference being given to the defendant's speedy trial rights under the rule." Loyd v. State (1980), 272 Ind. 404, 409 , 398 N.E.2d 1260, 1265 , cert. denied, 449 U.S. 881 , 101 S.Ct. 281 , 66 L.Ed.2d 105 .

11990–1990
Holloway v. Florida green
scotus · 1980
1 sentence

1990This Court has recognized an exception to Crim.Rule 4(B) for court congestion where "any exigent circumstance ... warrant[s] a reasonable delay beyond the limitation of [Crim.R. 4], due deference being given to the defendant's speedy trial rights under the rule." Loyd v. State (1980), 272 Ind. 404, 409 , 398 N.E.2d 1260, 1265 , cert. denied, 449 U.S. 881 , 101 S.Ct. 281 , 66 L.Ed.2d 105 .

11990–1990
Moore v. Illinois green
scotus · 1980
1 sentence

1990This Court has recognized an exception to Crim.Rule 4(B) for court congestion where "any exigent circumstance ... warrant[s] a reasonable delay beyond the limitation of [Crim.R. 4], due deference being given to the defendant's speedy trial rights under the rule." Loyd v. State (1980), 272 Ind. 404, 409 , 398 N.E.2d 1260, 1265 , cert. denied, 449 U.S. 881 , 101 S.Ct. 281 , 66 L.Ed.2d 105 .

11990–1990
Sorrells v. Tennessee green
scotus · 1980
1 sentence

1990This Court has recognized an exception to Crim.Rule 4(B) for court congestion where "any exigent circumstance ... warrant[s] a reasonable delay beyond the limitation of [Crim.R. 4], due deference being given to the defendant's speedy trial rights under the rule." Loyd v. State (1980), 272 Ind. 404, 409 , 398 N.E.2d 1260, 1265 , cert. denied, 449 U.S. 881 , 101 S.Ct. 281 , 66 L.Ed.2d 105 .

11990–1990
Malone v. State green
ind · 1982
2 sentences

1987Malone, 441 N.E.2d 1339 .

1987Malone, 441 N.E.2d 1339 .

11987–1987
Public Service Commission v. Indiana Bell Telephone Co. green
ind · 1955
2 sentences

1956It is not the province of the court to substitute their judgment for that of the commission.” This court has recognized this doctrine repeatedly: Public Service Commission v. Indiana Bell Telephone Co. (1955), 235 Ind. 1 , 130 N. E. 2d 467 ; Pub.

1956It is not the province of the court to substitute their judgment for that of the commission.” This court has recognized this doctrine repeatedly: Public Service Commission v. Indiana Bell Telephone Co. (1955), 235 Ind. 1 , 130 N. E. 2d 467 ; Pub.

11956–1956
Yellow Manufacturing Acceptance Corp. v. Linsky neutral
indctapp · 1934
1 sentence

1940Watts, Trustee v. Sweeney (1890), 127 Ind. 116 , 26 N. E. 680 ; Atlas Securities Company v. Grove (1922), 79 Ind. App. 144 , 137 N. E. 570 ; Grusin v. Stutz Motor Car Co., supra; Yellow Manufacturing *335 Acceptance Corp. v. Linshy (1934), 99 Ind. App. 691 , 190 N. E. 179 , 192 N. E. 715 .

11940–1940
Watts v. Sweeney green
ind · 1891
2 sentences

1940Watts, Trustee v. Sweeney (1890), 127 Ind. 116 , 26 N. E. 680 ; Atlas Securities Company v. Grove (1922), 79 Ind. App. 144 , 137 N. E. 570 ; Grusin v. Stutz Motor Car Co., supra; Yellow Manufacturing *335 Acceptance Corp. v. Linshy (1934), 99 Ind. App. 691 , 190 N. E. 179 , 192 N. E. 715 .

1940Watts, Trustee v. Sweeney (1890), 127 Ind. 116 , 26 N. E. 680 ; Atlas Securities Company v. Grove (1922), 79 Ind. App. 144 , 137 N. E. 570 ; Grusin v. Stutz Motor Car Co., supra; Yellow Manufacturing *335 Acceptance Corp. v. Linshy (1934), 99 Ind. App. 691 , 190 N. E. 179 , 192 N. E. 715 .

11940–1940
Atlas Securities Co. v. Grove neutral
indctapp · 1922
2 sentences

1940Watts, Trustee v. Sweeney (1890), 127 Ind. 116 , 26 N. E. 680 ; Atlas Securities Company v. Grove (1922), 79 Ind. App. 144 , 137 N. E. 570 ; Grusin v. Stutz Motor Car Co., supra; Yellow Manufacturing *335 Acceptance Corp. v. Linshy (1934), 99 Ind. App. 691 , 190 N. E. 179 , 192 N. E. 715 .

1940Watts, Trustee v. Sweeney (1890), 127 Ind. 116 , 26 N. E. 680 ; Atlas Securities Company v. Grove (1922), 79 Ind. App. 144 , 137 N. E. 570 ; Grusin v. Stutz Motor Car Co., supra; Yellow Manufacturing *335 Acceptance Corp. v. Linshy (1934), 99 Ind. App. 691 , 190 N. E. 179 , 192 N. E. 715 .

11940–1940
Davis v. Binford neutral
ind · 1880
1 sentence

1923Davis v. Binford (1880), 70 Ind. 44 .

11923–1923
Fesler v. Knight neutral
ind · 1862
1 sentence

1884Rulo v. State, 19 Ind. 298 ; Vanderkarr v. State, 51 Ind. 91 .

11884–1884
Vanderkarr v. State neutral
ind · 1875
1 sentence

1884Rulo v. State, 19 Ind. 298 ; Vanderkarr v. State, 51 Ind. 91 .

11884–1884

Where else courts name it

AL 39 (1909–2024) MS 33 (1912–2019) LA 31 (1938–2020) KS 26 (1888–2012) MT 22 (1905–2023) MD 22 (1960–2025) IL 21 (1907–2016) WY 21 (1943–2026) MI 20 (1898–2022) SC 19 (1906–2021) PA 17 (1966–2026) TX 15 (1952–2016) CA 15 (1887–2016) AR 15 (1924–2021) NC 14 (1914–2021) ID 14 (1910–2018) OH 14 (1964–2026) IN 14 (1879–2016) WA 13 (1912–2020) NE 12 (1896–2005) CT 11 (1905–2022) OK 11 (1928–2022) FL 11 (1903–2003) GA 11 (1883–2015) OR 10 (1937–2021) TN 10 (1921–2024) RI 9 (1983–2011) UT 8 (1932–2019) HI 8 (1926–2025) IA 8 (1887–2022) KY 8 (1916–2017) WI 8 (1888–1981) SD 8 (1915–2013) ND 8 (1924–2021) NV 7 (1952–2019) VT 7 (1930–2022) VA 6 (1961–2023) MN 6 (1898–2015) MO 5 (2010–2025) MA 5 (1891–2018) DE 4 (1965–2023) DC 4 (1981–2012) NY 4 (1986–2009) NJ 4 (1988–2015) NM 3 (1962–2021) WV 3 (1948–1987) NH 2 (1985–1988) AZ 2 (1944–2022) CO 2 (1996–2014) ME 2 (1932–1984)

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.

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