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12 Indiana opinions name it 2 courts 1977–2021 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 |
|---|---|---|
Jerome Binkley v. State of Indianagreen2 sentences2021As this Court has explained in various cases, including Osmanov v. State, 40 N.E.3d 904 (Ind. Ct. App. 2015) and Binkley v. State, 993 N.E.2d 645 (Ind. Ct. App. 2013), reh’g denied, Post-Conviction Rule 1(4) provides two different subsections under which a post-conviction court may deny a petition without a hearing: (1) subsection (f), which allows summary denial if “the pleadings conclusively show that [the] petitioner is entitled to no relief[;]” or (2) subsection (g), under which a court may grant a summary disposition after “a motion by either party.]” See Ind. Post-Conviction Rule 1(4). 2019See Binkley v. State, 993 N.E.2d 645, 649-50 (Ind. Ct. App. 2013) (citing Allen v. State, 791 N.E.2d 748, 752-53 (Ind. Ct. App. 2003), trans. denied). | 2 | 3 |
Allen v. Stategreen2 sentences2019See Binkley v. State, 993 N.E.2d 645, 649-50 (Ind. Ct. App. 2013) (citing Allen v. State, 791 N.E.2d 748, 752-53 (Ind. Ct. App. 2003), trans. denied). 2015See Binkley v. State, 993 N.E.2d 645, 649-50 (Ind.Ct.App.2013) (citing Allen v. State, 791 N.E.2d 748, 752-53 (Ind.Ct.App.2003), trans. denied). | 2 | 3 |
Majors v. Stategreen1 sentence2007Because of its overriding significance we consider the waiver issue first. *819 Perez cites Majors v. State, 568 N.E.2d 1065, 1067-1068 (Ind.Ct.App.1991) trans. denied, for the proposition that provisions in plea agreements which waive the right to seek post-conviction relief are void and unenforceable. | 1 | 1 |
Albright v. Stategreen1 sentence1985See, eg., Albright v. State, (1984) Ind., 463 N.E.2d 270, 272 ; Winston v. State, (1978) 267 Ind. 587 , 372 N.E.2d 183 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Abdullatip Osmanov v. State of Indiana
green
1 sentence2021As this Court has explained in various cases, including Osmanov v. State, 40 N.E.3d 904 (Ind. Ct. App. 2015) and Binkley v. State, 993 N.E.2d 645 (Ind. Ct. App. 2013), reh’g denied, Post-Conviction Rule 1(4) provides two different subsections under which a post-conviction court may deny a petition without a hearing: (1) subsection (f), which allows summary denial if “the pleadings conclusively show that [the] petitioner is entitled to no relief[;]” or (2) subsection (g), under which a court may grant a summary disposition after “a motion by either party.]” See Ind. Post-Conviction Rule 1(4). | 1 | 2021–2021 |
Ryan v. State
green
1 sentence2009It "deni[ed] the petition without a hearing." Id. | 1 | 2009–2009 |
Hamner v. State
green
1 sentence2005The Hammer court then addressed whether summary disposition was appropriate under Indiana Post-Conviction Rule 1(4)(f), which allows for the PCR court to deny a petition without a hearing if the "pleadings conclusively show that petitioner is entitled to no relief[.]" Id. at 160 . | 1 | 2005–2005 |
Diaz v. State
green
1 sentence2003On appeal, the issue was whether the defendant had demonstrated a "pattern consistent with rehabilitation." In addressing this issue, this Court held that "demonstrating a 'pattern consistent with rehabili *1155 tation' pursuant to Ind.Code § 35-50-6-8.3 means, at the least, that the inmate's ree-ord must remain free of disciplinary con-viections while the inmate is participating in an educational or substance abuse program." 753 N.E.2d at 729 . | 1 | 2003–2003 |
Haskett v. State
green
2 sentences1989This same result was reached in Haskett v. State (1979), 179 Ind.App. 655 , 386 N.E.2d 1012 . 1989This same result was reached in Haskett v. State (1979), 179 Ind.App. 655 , 386 N.E.2d 1012 . | 1 | 1989–1989 |
Winston v. State
neutral
2 sentences1985See, eg., Albright v. State, (1984) Ind., 463 N.E.2d 270, 272 ; Winston v. State, (1978) 267 Ind. 587 , 372 N.E.2d 183 . 1985See, eg., Albright v. State, (1984) Ind., 463 N.E.2d 270, 272 ; Winston v. State, (1978) 267 Ind. 587 , 372 N.E.2d 183 . | 1 | 1985–1985 |
Langley v. State
green
2 sentences1978However appellant argues that Langley v. State, (1971) 256 Ind. 199 , 267 N.E.2d 538 , requires that in order for the court to consider the issue of waiver the State must raise it. 1978However appellant argues that Langley v. State, (1971) 256 Ind. 199 , 267 N.E.2d 538 , requires that in order for the court to consider the issue of waiver the State must raise it. | 1 | 1978–1978 |
Boykin v. Alabama
green
2 sentences1977Appellant’s plea of guilty was entered after the decision in Boykin v. Alabama, (1969) 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 . 1977Appellant’s plea of guilty was entered after the decision in Boykin v. Alabama, (1969) 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 . | 1 | 1977–1977 |
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.