possibility that the additional instruction (Indiana) · Go Syfert
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possibility that the additional instruction in Indiana

13 Indiana opinions name it 2 courts 1982–2018 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
Graves v. Stategreen
indctapp · 1999 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016Graves v. State, 714 N.E.2d 724, 726 (Ind. Ct. App. 1999). “[T]he court may modify its instructions when it is faced with an omitted instruction or an erroneous instruction, so long as it is fair to the parties.” Hero, 765 N.E.2d at 602 (citing Jenkins v. State, 424 N.E.2d 1002, 1003 (Ind. 1981)).

11
Jenkins v. Stategreen
ind · 1981 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016Graves v. State, 714 N.E.2d 724, 726 (Ind. Ct. App. 1999). “[T]he court may modify its instructions when it is faced with an omitted instruction or an erroneous instruction, so long as it is fair to the parties.” Hero, 765 N.E.2d at 602 (citing Jenkins v. State, 424 N.E.2d 1002, 1003 (Ind. 1981)).

11
Robert Dowell v. State of Indianagreen
indctapp · 2012 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016“This rule prevents the trial court from giving special emphasis, inadvertent or otherwise, to a particular issue in the case, and thus avoids the possibility that the additional instruction might tell the jury what it ought to do concerning that issue.” Dowell v. State, 973 N.E.2d 58, 60 (Ind. Ct. App. 2012) (citing Crowdus, 431 N.E.2d at 798 ). [14] “[O]ne limited and narrow exception” to that “strict rule” exists.

11
Martin v. Stategreen
ind · 2002 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012“The generally accepted procedure in answering a jury’s question on a matter of law is to reread all instructions in order to avoid emphasizing any particular point and not to qualify, modify, or explain its instructions in any way.” Martin v. State, 760 N.E.2d 597, 601 (Ind.2002).

11
Downs v. Stategreen
indctapp · 1995 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001This general prohibition exists to protect against giving special emphasis, inadvertent or otherwise, to a particular issue and to guard against the possibility that the additional instruction of the jury might suggest a resolution to an issue." Downs v. State, 656 N.E.2d 849, 851-52 (Ind.Ct.App.1995).

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 (6)

CaseCitedYears
Crowdus v. State green
ind · 1982
2 sentences

2018“This rule prevents the trial court from giving special emphasis, inadvertent or otherwise, to a particular Court of Appeals of Indiana | Memorandum Decision 02A04-1706-CR-1437 | March 14, 2018 Page 13 of 17 issue in the case, and thus avoids the possibility that the additional instruction might tell the jury what it ought to do concerning that issue.” Id.

2016“This rule prevents the trial court from giving special emphasis, inadvertent or otherwise, to a particular issue in the case, and thus avoids the possibility that the additional instruction might tell the jury what it ought to do concerning that issue.” Dowell v. State, 973 N.E.2d 58, 60 (Ind. Ct. App. 2012) (citing Crowdus, 431 N.E.2d at 798 ). [14] “[O]ne limited and narrow exception” to that “strict rule” exists.

91984–2018
Hero v. State green
indctapp · 2002
1 sentence

2016Graves v. State, 714 N.E.2d 724, 726 (Ind. Ct. App. 1999). “[T]he court may modify its instructions when it is faced with an omitted instruction or an erroneous instruction, so long as it is fair to the parties.” Hero, 765 N.E.2d at 602 (citing Jenkins v. State, 424 N.E.2d 1002, 1003 (Ind. 1981)).

12016–2016
Jason Fields v. State of Indiana green
indctapp · 2012
1 sentence

2016“This rule precludes the trial court from giving any special emphasis, inadvertent or otherwise, to a particular issue in the case, and thus avoids the possibility that the additional instruction(s) may tell the jury what it ought to do concerning that issue.” Id. (citation omitted).

12016–2016
Cabell v. State green
ind · 1984
1 sentence

2012“This rule precludes the trial court from giving any special emphasis, inadvertent or otherwise, to a particular issue in the case, and thus avoids the possibility that the additional instruction(s) may tell the jury what it ought to do concerning that issue.” Id.

12012–2012
Wallace v. State green
ind · 1981
1 sentence

1982Wallace v. State, (1981) Ind., 426 N.E.2d 34, 36 ; Cameron v. State, (1979) Ind., 383 N.E.2d 1039, 1041 .

11982–1982
Cameron v. State green
ind · 1979
1 sentence

1982Wallace v. State, (1981) Ind., 426 N.E.2d 34, 36 ; Cameron v. State, (1979) Ind., 383 N.E.2d 1039, 1041 .

11982–1982

Statutes the citing opinions construe

IN § Ind. Code § 34-36-1-6 (7)

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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