11 Indiana opinions name it 1 courts 1988–2018 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 |
|---|---|---|
State v. Geislergreen2 sentences2000See State v. Geisler, 22 Conn.App. 142 , 576 A.2d 1283, 1294 (1990), vacated on other grounds, Connecticut v. Geisler, 498 U.S. 1019 , 111 S.Ct. 663 , 112 L.Ed.2d 657 (1991); State v. Ladwig, 434 N.W.2d 594, 595-96 (S.D.1989); State v. Dumont, 146 Vt. 252 , 499 A.2d 787, 789 (1985). 2000See State v. Geisler, 22 Conn.App. 142 , 576 A.2d 1283, 1294 (1990), vacated on other grounds, Connecticut v. Geisler, 498 U.S. 1019 , 111 S.Ct. 663 , 112 L.Ed.2d 657 (1991); State v. Ladwig, 434 N.W.2d 594, 595-96 (S.D.1989); State v. Dumont, 146 Vt. 252 , 499 A.2d 787, 789 (1985). | 2 | 2 |
Sturgeon v. Stategreen2 sentences1995Chilcutt, supra; Hall, supra; Sturgeon, supra. See also Platt v. State (1992), Ind., 589 N.E.2d 222, 230 ; Warthen v. State (1992), Ind.App., 588 N.E.2d 545, 549 ; Bordenkecher v. State (1990), Ind.App., 562 N.E.2d 49, 51 , reh'g denied, trans. denied. 1995Chilcutt, supra; Hall, supra; Sturgeon, supra. See also Platt v. State (1992), Ind., 589 N.E.2d 222, 230 ; Warthen v. State (1992), Ind.App., 588 N.E.2d 545, 549 ; Bordenkecher v. State (1990), Ind.App., 562 N.E.2d 49, 51 , reh'g denied, trans. denied. | 1 | 2 |
Hall v. Stategreen2 sentences1995Chilcutt, supra; Hall, supra; Sturgeon, supra. See also Platt v. State (1992), Ind., 589 N.E.2d 222, 230 ; Warthen v. State (1992), Ind.App., 588 N.E.2d 545, 549 ; Bordenkecher v. State (1990), Ind.App., 562 N.E.2d 49, 51 , reh'g denied, trans. denied. 1992See, e.g., Hall v. State (1990), Ind.App., 560 N.E.2d 561 (police stopped erratic driver at 1:80 a.m., and after noting strong smell of alcohol conducted BAC test at 1:55 a.m.); Chilcutt v. State (1989), Ind.App., 544 N.E.2d 856 , trans. denied (officer dispatched to seene of accident found driver lying next to overturned vehicle and BAC test was administered "within the specified period of time") Livingston v. State (1989), Ind.App., 537 N.E.2d 75 (BAC test conducted 29 minutes after officer stopped defendant for speeding and driving erratically). | 1 | 2 |
Jarrell v. Stategreen2 sentences2018In Jarrell v. State, 852 N.E.2d 1022, 1029 (Ind. Ct. App. 2006), we held that “a timely BAC test result permits a presumption that the defendant had an identical BAC at the time he or she was driving.” Specifically, in Jarrell, we held that the defendant’s timely test result of 0.16 BAC allowed for a presumption that he had a. 16 BAC when he was driving. 2018Jarrell, 852 N.E.2d at 1029 . [14] Here, Officer Ragsdell was dispatched at 11:42 p.m., and the chemical blood test was administered at 1:27 a.m., within the three-hour time frame. | 1 | 1 |
Thompson v. Stategreen1 sentence2003See Thompson v. State, 646 N.E.2d 687, 691 (Ind.Ct.App.1995) (holding that the trial court properly instructed the jury on the statutory presumption even though the defendant presented evidence that he claimed rebutted the presumption). | 1 | 1 |
Duncanson v. Stategreen2 sentences2002“When the jury is properly instructed, we will presume they followed such instructions.” Duncanson v. State, 509 N.E.2d 182, 186 (Ind.1987). 2002“When the jury is properly instructed, we will presume they followed such instructions.” Duncanson v. State, 509 N.E.2d 182, 186 (Ind.1987). | 1 | 1 |
State v. Dumontgreen2 sentences2000See State v. Geisler, 22 Conn.App. 142 , 576 A.2d 1283, 1294 (1990), vacated on other grounds, Connecticut v. Geisler, 498 U.S. 1019 , 111 S.Ct. 663 , 112 L.Ed.2d 657 (1991); State v. Ladwig, 434 N.W.2d 594, 595-96 (S.D.1989); State v. Dumont, 146 Vt. 252 , 499 A.2d 787, 789 (1985). 2000See State v. Geisler, 22 Conn.App. 142 , 576 A.2d 1283, 1294 (1990), vacated on other grounds, Connecticut v. Geisler, 498 U.S. 1019 , 111 S.Ct. 663 , 112 L.Ed.2d 657 (1991); State v. Ladwig, 434 N.W.2d 594, 595-96 (S.D.1989); State v. Dumont, 146 Vt. 252 , 499 A.2d 787, 789 (1985). | 1 | 1 |
State v. Ladwiggreen1 sentence2000See State v. Geisler, 22 Conn.App. 142 , 576 A.2d 1283, 1294 (1990), vacated on other grounds, Connecticut v. Geisler, 498 U.S. 1019 , 111 S.Ct. 663 , 112 L.Ed.2d 657 (1991); State v. Ladwig, 434 N.W.2d 594, 595-96 (S.D.1989); State v. Dumont, 146 Vt. 252 , 499 A.2d 787, 789 (1985). | 1 | 1 |
Clinton v. Jeffersgreen1 sentence2000See State v. Geisler, 22 Conn.App. 142 , 576 A.2d 1283, 1294 (1990), vacated on other grounds, Connecticut v. Geisler, 498 U.S. 1019 , 111 S.Ct. 663 , 112 L.Ed.2d 657 (1991); State v. Ladwig, 434 N.W.2d 594, 595-96 (S.D.1989); State v. Dumont, 146 Vt. 252 , 499 A.2d 787, 789 (1985). | 1 | 1 |
Ledsome v. U-Brand Corp.green2 sentences2000See State v. Geisler, 22 Conn.App. 142 , 576 A.2d 1283, 1294 (1990), vacated on other grounds, Connecticut v. Geisler, 498 U.S. 1019 , 111 S.Ct. 663 , 112 L.Ed.2d 657 (1991); State v. Ladwig, 434 N.W.2d 594, 595-96 (S.D.1989); State v. Dumont, 146 Vt. 252 , 499 A.2d 787, 789 (1985). 2000See State v. Geisler, 22 Conn.App. 142 , 576 A.2d 1283, 1294 (1990), vacated on other grounds, Connecticut v. Geisler, 498 U.S. 1019 , 111 S.Ct. 663 , 112 L.Ed.2d 657 (1991); State v. Ladwig, 434 N.W.2d 594, 595-96 (S.D.1989); State v. Dumont, 146 Vt. 252 , 499 A.2d 787, 789 (1985). | 1 | 1 |
State v. Stammgreen2 sentences1997See State v. Stamm (1993) Ind.App., 616 N.E.2d 377 (test administered more than three hours after vehicle operation does not trigger the presumption of IC 9-30-6-15, but the test results are admissible if coupled with evidentia-ry extrapolation). 1997See State v. Stamm (1993) Ind.App., 616 N.E.2d 377 (test administered more than three hours after vehicle operation does not trigger the presumption of IC X-XX-X-XX, but the test results are admissible if coupled with evidentiary extrapolation). | 1 | 1 |
Hendricks v. Stategreen2 sentences1997See id. 1997See id. | 1 | 1 |
Mordacq v. Stategreen2 sentences1992This court recently addressed this issue in a case of first impression in Mordacq v. State (1992), Ind.App., 585 N.E.2d 22 . 1992This court recently addressed this issue in a case of first impression in Mordacq v. State (1992), Ind.App., 585 N.E.2d 22 . | 1 | 1 |
Rouse v. Stategreen2 sentences1990See Rouse v. State (1988), Ind.App., 525 N.E.2d 1278 where the court held that it was reversible error to instruct the jury that causing death while guilty of the BAC offense was a lesser included offense of causing death while guilty of the DWI offense. 1990See Rouse v. State (1988), Ind.App., 525 N.E.2d 1278 where the court held that it was reversible error to instruct the jury that causing death while guilty of the BAC offense was a lesser included offense of causing death while guilty of the DWI 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 |
|---|---|---|
Chilcutt v. State
green
2 sentences1995In Chilcutt v. State (1989), Ind.App., 544 N.E.2d 856 , the defendant was convicted of driving a vehicle with at least a .10% BAC. 1992See, e.g., Hall v. State (1990), Ind.App., 560 N.E.2d 561 (police stopped erratic driver at 1:80 a.m., and after noting strong smell of alcohol conducted BAC test at 1:55 a.m.); Chilcutt v. State (1989), Ind.App., 544 N.E.2d 856 , trans. denied (officer dispatched to seene of accident found driver lying next to overturned vehicle and BAC test was administered "within the specified period of time") Livingston v. State (1989), Ind.App., 537 N.E.2d 75 (BAC test conducted 29 minutes after officer stopped defendant for speeding and driving erratically). | 2 | 1992–1995 |
Cox v. State
green
2 sentences2003See id.; Cox, 774 N.E.2d at 1028-29 . 2003See id.; Cox, 774 N.E.2d at 1028-29 . | 1 | 2003–2003 |
Warthen v. State
green
2 sentences1995Chilcutt, supra; Hall, supra; Sturgeon, supra. See also Platt v. State (1992), Ind., 589 N.E.2d 222, 230 ; Warthen v. State (1992), Ind.App., 588 N.E.2d 545, 549 ; Bordenkecher v. State (1990), Ind.App., 562 N.E.2d 49, 51 , reh'g denied, trans. denied. 1995Chilcutt, supra; Hall, supra; Sturgeon, supra. See also Platt v. State (1992), Ind., 589 N.E.2d 222, 230 ; Warthen v. State (1992), Ind.App., 588 N.E.2d 545, 549 ; Bordenkecher v. State (1990), Ind.App., 562 N.E.2d 49, 51 , reh'g denied, trans. denied. | 1 | 1995–1995 |
Mullins v. State
green
1 sentence1995Hearsay is inadmissible absent a judicially or statutorily created exception, Mullins, supra, but an exception exists for BAC analysis. 1C. § 9-80-6-15(a). | 1 | 1995–1995 |
Platt v. State
green
2 sentences1995Chilcutt, supra; Hall, supra; Sturgeon, supra. See also Platt v. State (1992), Ind., 589 N.E.2d 222, 230 ; Warthen v. State (1992), Ind.App., 588 N.E.2d 545, 549 ; Bordenkecher v. State (1990), Ind.App., 562 N.E.2d 49, 51 , reh'g denied, trans. denied. 1995Chilcutt, supra; Hall, supra; Sturgeon, supra. See also Platt v. State (1992), Ind., 589 N.E.2d 222, 230 ; Warthen v. State (1992), Ind.App., 588 N.E.2d 545, 549 ; Bordenkecher v. State (1990), Ind.App., 562 N.E.2d 49, 51 , reh'g denied, trans. denied. | 1 | 1995–1995 |
McKinney v. State
green
2 sentences1995Our decision comports with our decision in Hall, supra, and our analysis of the territorial jurisdiction presumption in McKinney v. State (1990), Ind.App., 553 N.E.2d 860 , wherein we concluded that: ... the prosecution must prove territorial jurisdiction beyond a reasonable doubt and that state law provides a presumption in favor of territorial jurisdiction where the body is found within state boundaries. 1995Our decision comports with our decision in Hall, supra, and our analysis of the territorial jurisdiction presumption in McKinney v. State (1990), Ind.App., 553 N.E.2d 860 , wherein we concluded that: ... the prosecution must prove territorial jurisdiction beyond a reasonable doubt and that state law provides a presumption in favor of territorial jurisdiction where the body is found within state boundaries. | 1 | 1995–1995 |
Bordenkecher v. State
green
2 sentences1995Chilcutt, supra; Hall, supra; Sturgeon, supra. See also Platt v. State (1992), Ind., 589 N.E.2d 222, 230 ; Warthen v. State (1992), Ind.App., 588 N.E.2d 545, 549 ; Bordenkecher v. State (1990), Ind.App., 562 N.E.2d 49, 51 , reh'g denied, trans. denied. 1995Chilcutt, supra; Hall, supra; Sturgeon, supra. See also Platt v. State (1992), Ind., 589 N.E.2d 222, 230 ; Warthen v. State (1992), Ind.App., 588 N.E.2d 545, 549 ; Bordenkecher v. State (1990), Ind.App., 562 N.E.2d 49, 51 , reh'g denied, trans. denied. | 1 | 1995–1995 |
Livingston v. State
green
2 sentences1992See, e.g., Hall v. State (1990), Ind.App., 560 N.E.2d 561 (police stopped erratic driver at 1:80 a.m., and after noting strong smell of alcohol conducted BAC test at 1:55 a.m.); Chilcutt v. State (1989), Ind.App., 544 N.E.2d 856 , trans. denied (officer dispatched to seene of accident found driver lying next to overturned vehicle and BAC test was administered "within the specified period of time") Livingston v. State (1989), Ind.App., 537 N.E.2d 75 (BAC test conducted 29 minutes after officer stopped defendant for speeding and driving erratically). 1992See, e.g., Hall v. State (1990), Ind.App., 560 N.E.2d 561 (police stopped erratic driver at 1:80 a.m., and after noting strong smell of alcohol conducted BAC test at 1:55 a.m.); Chilcutt v. State (1989), Ind.App., 544 N.E.2d 856 , trans. denied (officer dispatched to seene of accident found driver lying next to overturned vehicle and BAC test was administered "within the specified period of time") Livingston v. State (1989), Ind.App., 537 N.E.2d 75 (BAC test conducted 29 minutes after officer stopped defendant for speeding and driving erratically). | 1 | 1992–1992 |
Orr v. State
green
2 sentences1988In Orr v. State (1984), Ind.App., 472 N.E.2d 627 , the defendant advanced a similar argument. 1988In Orr v. State (1984), Ind.App., 472 N.E.2d 627 , the defendant advanced a similar argument. | 1 | 1988–1988 |
Zimmerman v. State
green
2 sentences1988In Zimmerman v. State (1984), Ind.App., 469 N.E.2d 11 , this court observed that an officer had probable cause to order a sample be taken for a BAC test "based on information from Officer Ray that [Zimmerman] smelled strongly of alcohol and on his own observation of a half-full quart bottle of beer in [Zimmerman's] car at the scene of the accident." 496 N.E.2d at 17. 1988In Zimmerman v. State (1984), Ind.App., 469 N.E.2d 11 , this court observed that an officer had probable cause to order a sample be taken for a BAC test "based on information from Officer Ray that [Zimmerman] smelled strongly of alcohol and on his own observation of a half-full quart bottle of beer in [Zimmerman's] car at the scene of the accident." 496 N.E.2d at 17. | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.