11 Indiana opinions name it 2 courts 1980–2024 2 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 |
|---|---|---|
Newson v. Stategreen2 sentences2024Newson v. State, 785 N.E.2d 1155, 1157 (Ind. Ct. App. 2003). 2005Newson v. State, 785 N.E.2d 1155, 1157 (Ind.Ct.App.2003). | 2 | 2 |
Butrum v. Stategreen1 sentence2024In essence, the defense of human trafficking “admits all the elements of the crime but proves circumstances which excuse the defendant from culpability.” Butrum v. State, 469 N.E.2d 1174, 1176 (Ind. 1984). [10] When, as here, a defense only addresses the defendant’s culpability, the defendant may be assigned the burden to prove the defense by a preponderance of evidence. | 1 | 1 |
Runyon v. Stategreen1 sentence2013Runyon v. State, 939 N.E.2d 613, 616 (Ind. 2010). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Vance v. State
green
2 sentences2019Vance , 640 N.E.2d at 57 . [21] In the waiver proceeding, the State as the proponent of waiver had the ultimate burden to prove waiver was appropriate. 2019Vance , 640 N.E.2d at 57 . [39] The State, as the proponent of waiver, had the ultimate burden to prove waiver was appropriate. | 2 | 2019–2019 |
Weaver v. State
green
1 sentence2024“Therefore, the burden to prove the defense may properly be placed on the defendant.” Id. | 1 | 2024–2024 |
Van De Leuv v. Methodist Hospital of Indiana, Inc.
green
1 sentence2003The burden to prove this defense is on the party who claims it. van de Leuv v. Methodist Hosp. of Indiana, Inc., 642 N.E.2d 531 (Ind.Ct.App.1995). | 1 | 2003–2003 |
City of Indianapolis v. Twin Lakes Enterprises, Inc.
green
1 sentence1994Id. | 1 | 1994–1994 |
Ogle v. Wright
green
2 sentences1991Ogle v. Wright (1977), 172 Ind.App. 309 , 360 N.E.2d 240 . 1991Ogle v. Wright (1977), 172 Ind.App. 309 , 360 N.E.2d 240 . | 1 | 1991–1991 |
Twyman v. State
green
1 sentence1986Twyman v. State (1984), Ind., 459 N.E.2d 705 . | 1 | 1986–1986 |
Klepinger v. Bd. of Comm. Co. of Miami
green
1 sentence1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual. | 1 | 1980–1980 |
Campbell v. State
green
1 sentence1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual. | 1 | 1980–1980 |
Manson v. Wabash Railroad Company
green
1 sentence1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . *60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. | 1 | 1980–1980 |
Wirsing v. Krzeminski
green
2 sentences1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . *60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . *60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. | 1 | 1980–1980 |
State v. . Pugh
neutral
2 sentences1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . *60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . *60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. | 1 | 1980–1980 |
Klepinger v. Board of Comm.
green
1 sentence1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual. | 1 | 1980–1980 |
Brinkman v. City of Indianapolis
green
2 sentences1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual. 1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual. | 1 | 1980–1980 |
Bursack v. Davis
green
2 sentences1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . *60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . *60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. | 1 | 1980–1980 |
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.