consequence violation (Indiana) · Go Syfert
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consequence violation in Indiana

12 Indiana opinions name it 2 courts 1902–2021 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 (4)

CaseFollowedCited
Otte v. Tessmangreen
indctapp · 1980 · cited in 5 Indiana opinions naming this issue, 1981–2020
2 sentences

2020If the clear, explicit meaning of the Indiana Rules of Procedure can be re-written by judicial opinion to avoid the consequence of a violation, then, the shroud of confusion will prevent any meaningful, just and predictable solution to those disputes which must be resolved in our courts.”) (quoting Otte v. Tessman, 412 N.E.2d 1223, 1232 (Ind. Ct. App. 1980) (Staton, J., dissenting)); 22A STEPHEN E.

1982If the clear, explicit meaning of the Indiana Rules of Procedure can be re-written by judicial opinion to avoid the consequence of a violation, then, the shroud of confusion will prevent any meaningful, just and predictable solution to those disputes which must be resolved in our courts.” 412 N.E.2d at 1232 .

25
Cox v. Stategreen
ind · 1999 · cited in 1 Indiana opinions naming this issue, 2021–2021
1 sentence

2021Discussion and Decision [9] Placement on probation “is a matter of grace and a conditional liberty that is a favor, not a right[.]” State v. I.T., 4 N.E.3d 1139, 1146 (Ind. 2014) (quoting Cox v. State, 706 N.E.2d 547, 549 (Ind. 1999)).

11
State of Indiana v. I.T.green
ind · 2014 · cited in 1 Indiana opinions naming this issue, 2021–2021
1 sentence

2021Discussion and Decision [9] Placement on probation “is a matter of grace and a conditional liberty that is a favor, not a right[.]” State v. I.T., 4 N.E.3d 1139, 1146 (Ind. 2014) (quoting Cox v. State, 706 N.E.2d 547, 549 (Ind. 1999)).

11
Abernathy v. Stategreen
indctapp · 2006 · cited in 1 Indiana opinions naming this issue, 2014–2014
2 sentences

2014Although other sanctions were available to the trial court, “ultimately it is the trial court’s discretion as to what sanction to impose under the statute.” Abernathy, 852 N.E.2d at 1022 (analyzing sanction for violation of conditions of probation).

2014See id. at 1021 .

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 (7)

CaseCitedYears
Otte v. Tessman green
ind · 1981
2 sentences

2019Court of Appeals of Indiana | Memorandum Decision 18A-PL-2504 | June 6, 2019 Page 18 of 19 Otte, 426 N.E.2d at 662 (quoting Judge Staton’s dissent in Otte v. Tessman, 412 N.E.2d 1223, 1232 (Ind. Ct. App. 1980)).

2014Otte, 426 N.E.2d at 662 .

22014–2019
Ake v. Oklahoma green
scotus · 1985
2 sentences

1999Focusing upon “the probable value that the assistance of a psychiatrist will have” and “the risk attendant on its absence,” Id., 470 U.S. at 84 , 105 S.Ct. at 1096, 84 L.Ed.2d at 66 , the Court held: [W]here the consequence of error is so great, the relevance of responsive psychiatric testimony so evident, and the burden on the State so slim, due process requires access to a psychiatric examination on relevant issues, to the testimony of the psychiatrist, and to assistance in preparation at the sentencing phase.

1999Focusing upon “the probable value that the assistance of a psychiatrist will have” and “the risk attendant on its absence,” Id., 470 U.S. at 84 , 105 S.Ct. at 1096, 84 L.Ed.2d at 66 , the Court held: [W]here the consequence of error is so great, the relevance of responsive psychiatric testimony so evident, and the burden on the State so slim, due process requires access to a psychiatric examination on relevant issues, to the testimony of the psychiatrist, and to assistance in preparation at the sentencing phase.

11999–1999
Harrison v. State green
ind · 1995
1 sentence

1999Focusing upon “the probable value that the assistance of a psychiatrist will have” and “the risk attendant on its absence,” Id., 470 U.S. at 84 , 105 S.Ct. at 1096, 84 L.Ed.2d at 66 , the Court held: [W]here the consequence of error is so great, the relevance of responsive psychiatric testimony so evident, and the burden on the State so slim, due process requires access to a psychiatric examination on relevant issues, to the testimony of the psychiatrist, and to assistance in preparation at the sentencing phase.

11999–1999
Smith v. State green
ind · 1984
1 sentence

1991Smifk v. State (1984), Ind., 459 N.E.2d 355, 357 .

11991–1991
Sowers v. Sowers neutral
indctapp · 1981
1 sentence

1982Accord: Sowers v. Sowers, (1981) Ind.App., 428 N.E.2d 245 .

11982–1982
Wilcox v. Urschel green
indctapp · 1936
2 sentences

1952In the case of Wilcox v. Urschel (1936), 101 Ind. App. 627, 631 , 200 N. E. 465 , this court in affirming the trial court’s sustaining of the demurrer said: “. . .

1952In the case of Wilcox v. Urschel (1936), 101 Ind. App. 627, 631 , 200 N. E. 465 , this court in affirming the trial court’s sustaining of the demurrer said: “. . .

11952–1952
Kenworthy v. Tullis neutral
ind · 1851
1 sentence

1902Kenworthy v. Tullis, 3 Ind. 96 .

11902–1902

Where else courts name it

CA 46 (1867–2023) PA 33 (1887–2024) NY 31 (1879–2023) TX 26 (1936–2024) IL 22 (1887–2026) FL 16 (1973–2014) OR 15 (1883–2023) IN 12 (1902–2021) NM 11 (1977–2022) OH 10 (1897–2007) MD 9 (1914–1994) MI 8 (1883–2025) NJ 8 (1975–2025) TN 8 (1998–2018) MA 7 (1941–2015) MN 7 (1959–2024) WI 6 (1971–2026) IA 6 (1871–2021) KY 6 (1916–1994) NC 6 (1900–2008) GA 6 (1877–1998) MO 6 (1970–2016) LA 6 (1931–2007) CT 5 (1961–2018) UT 5 (1987–2024) WY 5 (1962–2020) OK 4 (1982–1988) WA 4 (1980–2015) NE 3 (1977–2006) MS 3 (1848–2005) SD 3 (1992–2007) ID 3 (1955–2017) CO 3 (1988–2020) AR 3 (1907–1933) VT 2 (2017–2017) AL 2 (1847–1976) AZ 2 (1982–2010) MT 2 (1913–2010) DC 2 (1986–2015) NV 2 (2015–2015) RI 2 (1994–2016)

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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