home test in Indiana

12 Indiana opinions name it 2 courts 1988–2020 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 (7)

Case	Followed	Cited
City of Hobart Common Council v. Behavioral Institute of Indiana, LLCgreen indctapp · 2003 · cited in 2 Indiana opinions naming this issue, 2006–2006 2 sentences 2006City of Hobart Common Council v. Behavioral Inst. of Ind., LLC, 785 N.E.2d 238, 248 (Ind.Ct.App.2003). [3] This request appears to have been abandoned, in light of the Trustee's arguments at the summary judgment hearing conceding validity of the Home Rule Act. [4] See Ind.Code § 36-1-2-9. [5] Ind.Code § 36-6-4-2. 2006City of Hobart Common Council v. Behavioral Inst. of Ind., LLC, 785 N.E.2d 238, 248 (Ind.Ct.App.2003). .	2	2
Thompson v. Thompsongreen scotus · 1988 · cited in 2 Indiana opinions naming this issue, 1989–1989 2 sentences 1989While the PKPA is similar in approach to the UCCJA, IC 31-1-11.-6-1 et seq., it prohibits a forum state from exercising jurisdiction on the basis of the significant connection test so long as another state continues to have jurisdiction under the home state test. 28 U.S.C.A. § 1738A(c)(2)(B)(i); see Thompson v. Thompson (1988), 484 U.S. 174 , 108 S.Ct. 513 , 98 L.Ed.2d 512 . 1989While the PKPA is similar in approach to the UCCJA, IC 31-1-11.-6-1 et seq., it prohibits a forum state from exercising jurisdiction on the basis of the significant connection test so long as another state continues to have jurisdiction under the home state test. 28 U.S.C.A. § 1738A(c)(2)(B)(i); see Thompson v. Thompson (1988), 484 U.S. 174 , 108 S.Ct. 513 , 98 L.Ed.2d 512 .	2	2
In Re the Marriage of Hudsongreen indctapp · 1982 · cited in 3 Indiana opinions naming this issue, 1988–1989 2 sentences 1989We have previously concluded that, "a state which would satisfy the home state test except for the children's absence retains jurisdiction for an additional six months if a parent continues to reside in that state." Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind. App., 434 N.E.2d 107, 115 , cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 . 1989We have previously concluded that, “a state which would satisfy the home state test except for the children’s absence retains jurisdiction for an additional six months if a parent continues to reside in that state.” Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind.App., 434 N.E.2d 107, 115, cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 .	1	3
Diano L. Gordon v. State of Indianagreen indctapp · 2013 · cited in 1 Indiana opinions naming this issue, 2020–2020 1 sentence 2020We have held that this statute “applies only in cases where the offender has been placed on home detention as a condition of probation.” Gordon v. State, 981 N.E.2d 1215, 1220 (Ind. Ct. App. 2013) (emphasis added); see Ind. Code § 35 - 38-2.5-5.	1	1
Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler v. West Boggs Sewer District Inc.green indctapp · 2012 · cited in 1 Indiana opinions naming this issue, 2015–2015 1 sentence 2015Under Indiana law, a claim is “unreasonable” if “no reasonable attorney would consider the claim justified or worthy of litigation.” See I.C. § 34-52-1-1; see also Wagler, 980 N.E.2d at 383 .	1	1
Kole v. FAULTLESSgreen ind · 2012 · cited in 1 Indiana opinions naming this issue, 2013–2013 1 sentence 2013Setting aside the fact that Indiana is a home rule state, see, e.g., Kole v. Faultless, 963 N.E.2d 493, 496 (Ind.2012), thus calling into question the persuasiveness of the authority on which Kitchell relies, we note the home rule statute provides in relevant part: “[i]f there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner.” I.C. § 36-1-3-6.	1	1
Marriage of Hughes v. Hughesgreen indctapp · 1996 · cited in 1 Indiana opinions naming this issue, 1999–1999 1 sentence 1999Hughes v. Hughes, 665 N.E.2d 929, 932 (Ind.Ct.App.1996).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Kawasaki Motors Corp. v. National Labor Relations Board green scotus · 1983 2 sentences 1989We have previously concluded that, "a state which would satisfy the home state test except for the children's absence retains jurisdiction for an additional six months if a parent continues to reside in that state." Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind. App., 434 N.E.2d 107, 115 , cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 . 1989We have previously concluded that, “a state which would satisfy the home state test except for the children’s absence retains jurisdiction for an additional six months if a parent continues to reside in that state.” Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind.App., 434 N.E.2d 107, 115, cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 .	3	1988–1989
Hudson v. Hudson green scotus · 1983 2 sentences 1989We have previously concluded that, "a state which would satisfy the home state test except for the children's absence retains jurisdiction for an additional six months if a parent continues to reside in that state." Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind. App., 434 N.E.2d 107, 115 , cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 . 1989We have previously concluded that, “a state which would satisfy the home state test except for the children’s absence retains jurisdiction for an additional six months if a parent continues to reside in that state.” Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind.App., 434 N.E.2d 107, 115, cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 .	3	1988–1989
Minnesota v. Carter green scotus · 1999 2 sentences 2018"As the United States Supreme Court has held, 'an overnight guest in a home may claim the protection of the Fourth Amendment, but one who is merely present with the consent of the householder may not.' " Fox v. State , 983 N.E.2d 1165 , 1168 (Ind. Ct. App. 2013) (quoting Minnesota v. Carter , 525 U.S. 83 , 90, 119 S.Ct. 469 , 142 L.Ed.2d 373 (1998) ). [33] The record contained evidence that Barker lived in Chicago. 2018"As the United States Supreme Court has held, 'an overnight guest in a home may claim the protection of the Fourth Amendment, but one who is merely present with the consent of the householder may not.' " Fox v. State , 983 N.E.2d 1165 , 1168 (Ind. Ct. App. 2013) (quoting Minnesota v. Carter , 525 U.S. 83 , 90, 119 S.Ct. 469 , 142 L.Ed.2d 373 (1998) ). [33] The record contained evidence that Barker lived in Chicago.	2	2013–2018
Fort Belknap Indian Community v. United States green scotus · 1983 2 sentences 1989We have previously concluded that, "a state which would satisfy the home state test except for the children's absence retains jurisdiction for an additional six months if a parent continues to reside in that state." Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind. App., 434 N.E.2d 107, 115 , cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 . 1989We have previously concluded that, “a state which would satisfy the home state test except for the children’s absence retains jurisdiction for an additional six months if a parent continues to reside in that state.” Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind.App., 434 N.E.2d 107, 115, cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 .	2	1989–1989
Matter of Guardianship of Mayes green indctapp · 1988 2 sentences 1989We have previously concluded that, "a state which would satisfy the home state test except for the children's absence retains jurisdiction for an additional six months if a parent continues to reside in that state." Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind. App., 434 N.E.2d 107, 115 , cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 . 1989We have previously concluded that, “a state which would satisfy the home state test except for the children’s absence retains jurisdiction for an additional six months if a parent continues to reside in that state.” Matter of Guardianship of Mayes (1988), Ind. App., 523 N.E.2d 249, 251 ; citing In re Marriage of Hudson (1982), Ind.App., 434 N.E.2d 107, 115, cert. denied 459 U.S. 1202 , 103 S.Ct. 1187 , 75 L.Ed.2d 433 .	2	1989–1989
Randy L. Knapp v. State of Indiana green ind · 2014 1 sentence 2020Knapp, 9 N.E.3d at 1290 . [10] Giden was convicted pursuant to Indiana Code Section 35-44.1-3-4(b), which provides: “A person who knowingly or intentionally violates a home detention order or intentionally removes an electronic monitoring device or GPS tracking device commits escape, a Level 6 felony.” Giden argues that the escape statute, which makes the violation of a home detention order a Level 6 felony, violates the Proportionality Clause because another statute, Indiana Code Section 35- 38-2.5-13, makes the unauthorized absence from home detention a Class A misdemeanor. [11] The unauthor	1	2020–2020
Darrol Fox v. State of Indiana green indctapp · 2013 1 sentence 2018"As the United States Supreme Court has held, 'an overnight guest in a home may claim the protection of the Fourth Amendment, but one who is merely present with the consent of the householder may not.' " Fox v. State , 983 N.E.2d 1165 , 1168 (Ind. Ct. App. 2013) (quoting Minnesota v. Carter , 525 U.S. 83 , 90, 119 S.Ct. 469 , 142 L.Ed.2d 373 (1998) ). [33] The record contained evidence that Barker lived in Chicago.	1	2018–2018
New York v. Harris green scotus · 1990 1 sentence 1998In concluding that the statement was admissible, the Court squarely held that “where the police have probable cause to arrest a suspect, the exclusionary rule does not bar the State’s use of a statement made by the defendant outside of his home, even though the statement is taken after an arrest made in the home in violation of Payton.” Id. at 21, 110 S.Ct. 1640 .	1	1998–1998

Where else courts name it

IL 383 (1972–2026) TX 203 (1926–2025) NY 173 (1903–2026) PA 123 (1953–2026) MI 122 (1915–2026) CO 121 (1919–2026) CA 114 (1952–2026) LA 113 (1935–2025) FL 74 (1957–2026) OH 73 (1937–2026) NE 59 (1922–2020) OR 57 (1912–2026) KS 43 (1957–2019) MD 42 (1932–2025) WI 41 (1912–2024) MN 39 (1908–2019) RI 38 (1939–2023) NM 29 (1979–2025) MO 28 (1963–2023) IA 27 (1974–2021) CT 27 (1962–2022) WA 22 (1932–2019) MA 22 (1970–2018) AK 21 (1970–2024) OK 19 (1930–2014) AZ 19 (1939–2023) ND 19 (1972–2024) TN 18 (1975–2025) ME 17 (1979–2022) GA 17 (1967–2025) IN 12 (1988–2020) KY 10 (1953–2026) NJ 10 (1949–2024) AL 7 (1991–2017) DC 6 (1971–2010) WV 6 (1950–2023) NH 6 (1982–2010) DE 5 (1975–2020) VA 4 (1999–2022) AR 3 (1991–2000) NC 3 (1968–2016) ID 3 (1986–2018) UT 2 (1978–2013) SC 2 (2010–2021) SD 2 (2000–2003) MT 2 (1938–2005) VI 2 (1978–2017) VT 2 (1991–2021)

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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