claim of parental privilege (Indiana) · Go Syfert
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claim of parental privilege in Indiana

12 Indiana opinions name it 2 courts 2008–2024 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.

Followed or applied (2)

CaseFollowedCited
Tunstill v. Stategreen
ind · 1991 · cited in 2 Indiana opinions naming this issue, 2008–2011
2 sentences

2011See Wallace v. State, 725 N.E.2d 837, 840 (Ind.2000) (discussing the State’s burden in the context of an analogous self-defense claim); Tunstill v. State, 568 N.E.2d 539, 541 (Ind.1991) (“Where the issue of self-defense is asserted by a defendant and finds support in the evidence, the State then has the burden of negating the presence of one or more of the necessary elements of the defense.... ”).

2008See Wallace v. State, 725 N.E.2d 837, 840 (Ind.2000) (discussing the State’s burden in the context of an analogous self-defense claim); Tunstill v. State, 568 N.E.2d 539, 541 (Ind.1991) (“Where the issue of self-defense is asserted by a defendant and finds support in the evidence, the State then has the burden of negating the presence of one or more of the necessary elements of the defense .... ”).

22
Wallace v. Stategreen
ind · 2000 · cited in 2 Indiana opinions naming this issue, 2008–2011
2 sentences

2011See Wallace v. State, 725 N.E.2d 837, 840 (Ind.2000) (discussing the State’s burden in the context of an analogous self-defense claim); Tunstill v. State, 568 N.E.2d 539, 541 (Ind.1991) (“Where the issue of self-defense is asserted by a defendant and finds support in the evidence, the State then has the burden of negating the presence of one or more of the necessary elements of the defense.... ”).

2008See Wallace v. State, 725 N.E.2d 837, 840 (Ind.2000) (discussing the State’s burden in the context of an analogous self-defense claim); Tunstill v. State, 568 N.E.2d 539, 541 (Ind.1991) (“Where the issue of self-defense is asserted by a defendant and finds support in the evidence, the State then has the burden of negating the presence of one or more of the necessary elements of the defense .... ”).

22

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 (3)

CaseCitedYears
Willis v. State green
ind · 2008
2 sentences

2024Court of Appeals of Indiana |Opinion 23A-CR-1060 | May 1, 2024 Page 9 of 12 Id. at § 150. “[T]o sustain a conviction for battery where a claim of parental privilege has been asserted, the State must prove that either: (1) the force the parent used was unreasonable or (2) the parent’s belief that such force was necessary to control her child and prevent misconduct was unreasonable.” Willis, 888 N.E.2d at 182 . [16] Willis involved parental privilege as a defense to a battery charge.

2024Court of Appeals of Indiana |Opinion 23A-CR-1060 | May 1, 2024 Page 9 of 12 Id. at § 150. “[T]o sustain a conviction for battery where a claim of parental privilege has been asserted, the State must prove that either: (1) the force the parent used was unreasonable or (2) the parent’s belief that such force was necessary to control her child and prevent misconduct was unreasonable.” Willis, 888 N.E.2d at 182 . [16] Willis involved parental privilege as a defense to a battery charge.

82012–2024
Sauntio Carter v. State of Indiana green
indctapp · 2016
1 sentence

2019Carter v. State , 67 N.E.3d 1041 , 1049 (Ind. Ct. App. 2016) (Crone, J. concurring), trans. denied (2016).

12019–2019
Royce Love v. State green
ind · 2017
1 sentence

2018That is, "we look only at the probative evidence and *226 reasonable inferences supporting the verdict" and "[w]e do not assess the credibility of witnesses or reweigh the evidence." Love v. State , 73 N.E.3d 693 , 696 (Ind. 2017).

12018–2018

Statutes the citing opinions construe

IN § Ind. Code § 35-42-2-1 (12) IN § Ind. Code § 35-41-3-1 (11) IN § Ind. Code § 31-34-1-15 (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.

Where else courts name it

IN 12 (2008–2024) IL 3 (1987–2000)

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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