12 Indiana opinions name it 2 courts 1885–2021 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.
| Case | Followed | Cited |
|---|---|---|
In re Schuylergreen1 sentence2021See Beasley v. State, 46 N.E.3d 1232, 1237 (Ind. 2016) (trial court did not err in admitting witness’s testimony that another person had told him he shot someone; the person’s statement exposed him to criminal liability). [32] Hendricks notes that the exception that permits the admission of statements against interest also contains a limitation: “A statement or confession offered against the accused in a criminal case, made by a codefendant or other person implicating both the declarant and the accused, is not within this exception.” Ind. Evid. | 1 | 1 |
State v. Natividadgreen2 sentences2007Id.; accord State v. Natividad, 111 Ariz. 191 , 526 P.2d 730, 733 (1974) ("A defendant who passively observes in a state of complete incomprehension the complex wheels of justice grind on before him can hardly be said to have satisfied the classic definition of a waiver as the 'voluntary and intentional relinquishment of a known right.' ”). 13 . 2007Id.; accord State v. Natividad, 111 Ariz. 191 , 526 P.2d 730, 733 (1974) ("A defendant who passively observes in a state of complete incomprehension the complex wheels of justice grind on before him can hardly be said to have satisfied the classic definition of a waiver as the 'voluntary and intentional relinquishment of a known right.' ”). 13 . | 1 | 1 |
In Re Estate of Whiteheadgreen1 sentence2007See In re Estate of Whitehead, 718 N.E.2d 1207, 1211 (Ind.Ct.App.1999) *1288 (“Although Ind.Code § 29-1-1-3 of the Probate Code defines claims to include the liabilities of a decedent which survive, whether arising in contract or tort or otherwise ..., we found that claim, as used in Ind.Code § 29-1-14-1, refers to a debt or demand of a pecuniary nature which could have been enforced against the decedent in his lifetime and could have been reduced to a simple money judgment.” (internal quotes omitted)); Cardwell v. Estate of Kirkendall, 712 N.E.2d 1047 (Ind.Ct. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Foster-Gardner, Inc. v. National Union Fire Insurance
green
1 sentence2013Id. | 1 | 2013–2013 |
Cardwell v. Estate of Kirkendall
green
1 sentence2007See In re Estate of Whitehead, 718 N.E.2d 1207, 1211 (Ind.Ct.App.1999) *1288 (“Although Ind.Code § 29-1-1-3 of the Probate Code defines claims to include the liabilities of a decedent which survive, whether arising in contract or tort or otherwise ..., we found that claim, as used in Ind.Code § 29-1-14-1, refers to a debt or demand of a pecuniary nature which could have been enforced against the decedent in his lifetime and could have been reduced to a simple money judgment.” (internal quotes omitted)); Cardwell v. Estate of Kirkendall, 712 N.E.2d 1047 (Ind.Ct. | 1 | 2007–2007 |
Williams v. Williams, Admr.
green
2 sentences2007Despite the nonclaim statute providing a definition of a claim, the cases analyzing whether an action is a claim utilize the common law definition announced in Williams v. Williams, 217 Ind. 581 , 29 N.E.2d 557 (1940), in applying § 29-1-14-1 rather than construing the statutory definition that was added to the Probate Code in 1953. 2007Despite the nonclaim statute providing a definition of a claim, the cases analyzing whether an action is a claim utilize the common law definition announced in Williams v. Williams, 217 Ind. 581 , 29 N.E.2d 557 (1940), in applying § 29-1-14-1 rather than construing the statutory definition that was added to the Probate Code in 1953. | 1 | 2007–2007 |
Winegeart v. State
green
2 sentences1996Winegeart, 644 N.E.2d at 183 . 1996Winegeart, 644 N.E.2d at 183 . | 1 | 1996–1996 |
Vergara Ex Rel. Vergara v. Doan
green
2 sentences1992Most recently, in Vergara v. Doan (1992), Ind., 593 N.E.2d 185, 187 , this Court shortened the definition of the standard to be that of a reasonably careful, skillful and prudent practitioner acting under the same or similar circumstances. 1992NOTES [1] Marshall Marchetti Krantz procedure. [2] Most recently, in Vergara v. Doan (1992), Ind., 593 N.E.2d 185, 187 , this Court shortened the definition of the standard to be that of a reasonably careful, skillful and prudent practitioner acting under the same or similar circumstances. [1] Shortly after the publication of Matter of Lawrance , the Journal of the Indiana State Medical Association commented, "The justices of the Indiana Supreme Court are to be praised for their thoughtful and reasoned approach to a difficult issue." James J. | 1 | 1992–1992 |
Power v. Brodie
green
1 sentence1987Various components of the doctrine of incurred risk were effectively synthesized in a definition of the doctrine of incurred risk as presented by Judge Ratliff in Power v. Brodie (1984), Ind.App., 460 N.E.2d 1241 , 1243: It involves a mental state of venturousness on the part of the actor, and demands a subjective analysis into the actor’s actual knowledge and voluntary acceptance of the risk. | 1 | 1987–1987 |
Johnson v. Zerbst
green
2 sentences1969Ed. 2d 837 , 83 S. Ct. 822 : “The classic definition of waiver enunciated in Johnson v. Zerbst, 304 U.S. 458, 464 , 82 L. 1969Ed. 2d 837 , 83 S. Ct. 822 : “The classic definition of waiver enunciated in Johnson v. Zerbst, 304 U.S. 458, 464 , 82 L. | 1 | 1969–1969 |
Fay v. Noia
red
2 sentences1969And again in Fay v. Noia (1963), 372 U.S. 391 , 9 L.Ed.2d 837 , 83 S.Ct. 822 : "The classic definition of waiver enunciated in Johnson v. Zerbst, 304 U.S. 458, 464 , 82 L.Ed. 1461, 1466 , 58 S.Ct. 1019 , 146 A.L.R. 357 `an intentional relinquishment or abandonment of a known right or privilege' furnishes the controlling standard. 1969Ed. 2d 837 , 83 S. Ct. 822 : “The classic definition of waiver enunciated in Johnson v. Zerbst, 304 U.S. 458, 464 , 82 L. | 1 | 1969–1969 |
Nordyke & Marmon Co. v. Swift
green
2 sentences1920But, as was stated by this court in Nordyke, etc., Co. v. Swift, (1919), 71 Ind. App. 176 , 123 N. E. 449 , the difficulty does not arise so much from a determination of a proper definition of the clause under consideration as it does from an application of the same to a given state of facts. ' The question in each case must be determined from a consideration of its own facts and circumstances. 1920But, as was stated by this court in Nordyke, etc., Co. v. Swift, (1919), 71 Ind. App. 176 , 123 N. E. 449 , the difficulty does not arise so much from a determination of a proper definition of the clause under consideration as it does from an application of the same to a given state of facts. ' The question in each case must be determined from a consideration of its own facts and circumstances. | 1 | 1920–1920 |
Miller v. Taggart
neutral
1 sentence1919Instruction No. 28 undertakes to define an acknowledgment and the manner in which it may be made, and follows substantially the definition and rule in Townsend v. Meneley (1906), 37 Ind. App. 127 , 74 N. E. 274 , 76 N. E. 321 . | 1 | 1919–1919 |
Townsend v. Meneley
green
2 sentences1919Instruction No. 28 undertakes to define an acknowledgment and the manner in which it may be made, and follows substantially the definition and rule in Townsend v. Meneley (1906), 37 Ind. App. 127 , 74 N. E. 274 , 76 N. E. 321 . 1919Instruction No. 28 undertakes to define an acknowledgment and the manner in which it may be made, and follows substantially the definition and rule in Townsend v. Meneley (1906), 37 Ind. App. 127 , 74 N. E. 274 , 76 N. E. 321 . | 1 | 1919–1919 |
Doyle v. Kiser
neutral
1 sentence1889It was personal baggage, within the definition and rule of law upon that subject.” See, also, Doyle v. Kiser, 6 Ind. 242 ; Hannibal, etc., R. | 1 | 1889–1889 |
Zabriskie v. . Smith
green
1 sentence1885Zabriskie v. Smith, 13 N. Y. 322 . | 1 | 1885–1885 |
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.