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12 Indiana opinions name it 2 courts 1978–2017 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.
| Case | Followed | Cited |
|---|---|---|
Finch v. Stategreen2 sentences2007The trier of fact must then resolve the question of whether a defendant acted under sudden heat. 510 N.E.2d 673, 675 (Ind.1987) (citations omitted). 2007The trier of fact must then resolve the question of whether a defendant acted under sudden heat. 510 N.E.2d 673, 675 (Ind.1987) (citations omitted). | 1 | 1 |
State v. Huffmangreen1 sentence1997State v. Huffman, 643 N.E.2d 899, 900 (Ind.1994); Street v. State, 667 N.E.2d 102, 104 (Ind.1991). 2 Once the defendant raises the defense, the burden shifts to the State to negate the defense in relation to the mens rea of the offense. | 1 | 1 |
Powers v. Stategreen1 sentence1997Powers v. State, 540 N.E.2d 1225, 1227 (Ind. 1989). | 1 | 1 |
Wotiz v. Grunygreen1 sentence1997State v. Huffman, 643 N.E.2d 899, 900 (Ind.1994); Street v. State, 667 N.E.2d 102, 104 (Ind.1991). 2 Once the defendant raises the defense, the burden shifts to the State to negate the defense in relation to the mens rea of the offense. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Palmer v. State
green
2 sentences1991It is akin to self-defense in that its introduction into the case (either through the State's own evidence or through the defendant's evidence or both) places a burden upon the state to negate the defense beyond a reasonable doubt and calls for an instruction on the lesser included offense of voluntary manslaughter." (emphasis added). 425 N.E.2d at 644 . 1991It is akin to self-defense in that its introduction into the case (either through the State's own evidence or through the defendant's evidence or both) places a burden upon the state to negate the defense beyond a reasonable doubt and calls for an instruction on the lesser included offense of voluntary manslaughter. " (emphasis added). 425 N.E.2d at 644 . | 4 | 1984–1991 |
Woolum v. State
green
2 sentences1980We acknowledge that “the burden is on the State to negate the claim of self-defense.” Woolum v. State, (1978) Ind.App., 381 N.E.2d 1072, 1074 . 1980We acknowledge that under Indiana’s current criminal code, as well as under the previous code, “the burden is on the State to negate the claim of self-defense." Woolum v. State, (1978) Ind.App., 381 N.E.2d 1072, 1074 . | 2 | 1980–1980 |
Harry L. Lacy v. State of Indiana
green
2 sentences2017Id. [30] Indiana Code Section 34-13-9-10 can be harmonized with Article 1, Section 19. 2017Id. | 1 | 2017–2017 |
Bryan v. State
green
1 sentence1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. | 1 | 1991–1991 |
Loyd v. State
green
2 sentences1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. 1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. | 1 | 1991–1991 |
Aldridge v. California
green
1 sentence1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. | 1 | 1991–1991 |
Sorrells v. Tennessee
green
1 sentence1991He further correctly points out that when the claim of self-defense is raised, the burden then falls upon the State to negate the claim, citing Bryan v. State (1983), Ind., 450 N.E.2d 53 ; Loyd v. State (1980), 272 Ind. 404 , 398 N.E.2d 1260 , cert. denied, 449 U.S. 881 , 101 S.Ct. 231 , 66 LEd.2d 105. | 1 | 1991–1991 |
Banks v. State
green
2 sentences1978In support of his allegation he cites Banks v. State, (1971) 257 Ind. 530 , 276 N.E.2d 155 , wherein this Court set forth the necessary elements of self-defense as found in King v. State, (1968) 249 Ind. 699, 705 , 234 N.E.2d 465 : “Where one has taken the life of another human being, and thereafter contends that he did so in self-defense, he can only be successful in his contention if: 1. he acted without fault, 2. he was in a place where he had a right to be, and 3. he was in real danger of death or great bodily harm, or in such apparent danger as caused him in good faith to fear death or gr 1978In support of his allegation he cites Banks v. State, (1971) 257 Ind. 530 , 276 N.E.2d 155 , wherein this Court set forth the necessary elements of self-defense as found in King v. State, (1968) 249 Ind. 699, 705 , 234 N.E.2d 465 : “Where one has taken the life of another human being, and thereafter contends that he did so in self-defense, he can only be successful in his contention if: 1. he acted without fault, 2. he was in a place where he had a right to be, and 3. he was in real danger of death or great bodily harm, or in such apparent danger as caused him in good faith to fear death or gr | 1 | 1978–1978 |
King v. State
green
2 sentences1978In support of his allegation he cites Banks v. State, (1971) 257 Ind. 530 , 276 N.E.2d 155 , wherein this Court set forth the necessary elements of self-defense as found in King v. State, (1968) 249 Ind. 699, 705 , 234 N.E.2d 465 : “Where one has taken the life of another human being, and thereafter contends that he did so in self-defense, he can only be successful in his contention if: 1. he acted without fault, 2. he was in a place where he had a right to be, and 3. he was in real danger of death or great bodily harm, or in such apparent danger as caused him in good faith to fear death or gr 1978In support of his allegation he cites Banks v. State, (1971) 257 Ind. 530 , 276 N.E.2d 155 , wherein this Court set forth the necessary elements of self-defense as found in King v. State, (1968) 249 Ind. 699, 705 , 234 N.E.2d 465 : “Where one has taken the life of another human being, and thereafter contends that he did so in self-defense, he can only be successful in his contention if: 1. he acted without fault, 2. he was in a place where he had a right to be, and 3. he was in real danger of death or great bodily harm, or in such apparent danger as caused him in good faith to fear death or gr | 1 | 1978–1978 |
Hoover v. State
green
2 sentences1978Hoover v. State (1978), 268 Ind. 566 , 376 N.E.2d 1152 ; Johnson v. State (1971), 256 Ind. 579 , 271 N.E.2d 123 . 1978Hoover v. State (1978), 268 Ind. 566 , 376 N.E.2d 1152 ; Johnson v. State (1971), 256 Ind. 579 , 271 N.E.2d 123 . | 1 | 1978–1978 |
Johnson v. State
green
2 sentences1978Hoover v. State (1978), 268 Ind. 566 , 376 N.E.2d 1152 ; Johnson v. State (1971), 256 Ind. 579 , 271 N.E.2d 123 . 1978Hoover v. State (1978), 268 Ind. 566 , 376 N.E.2d 1152 ; Johnson v. State (1971), 256 Ind. 579 , 271 N.E.2d 123 . | 1 | 1978–1978 |
Clark v. State
green
2 sentences1978Clark v. State, (1976) 265 Ind. 161 , 352 N.E.2d 762 . 1978Clark v. State, (1976) 265 Ind. 161 , 352 N.E.2d 762 . | 1 | 1978–1978 |
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.