11 Indiana opinions name it 2 courts 1973–2019 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 |
|---|---|---|
Head v. Stategreen2 sentences2008See, e.g., Palmer v. State, 704 N.E.2d 124, 125 (Ind.1999) (discussing how the conduct that constituted kidnapping “clearly raised the foreseeable possibility that the intended victim might resist or that law enforcement would respond, and thereby created a risk of death to persons present”); Head v. State, 443 N.E.2d 44, 50 (Ind.1982) (noting the rationale that underlies the felony-murder rule, “the recognition that the crimes carry *53 the inherent risk of bodily harm.”). 1999Chapman's discussion of the felony murder rule, particularly his verbatim quotation from Head v. State, 443 N.E.2d 44, 48-51 (Ind.1982), which comprises six full pages of his brief, is largely irrelevant. | 2 | 3 |
Palmer v. Stategreen2 sentences2016Our supreme court has held that the felony murder rule applies “‘when, in committing any of the designated felonies, the felon contributes to the death of any person.’” Id. (quoting Palmer v. State, 704 N.E.2d 124, 126 (Ind. 1999)). 2008See, e.g., Palmer v. State, 704 N.E.2d 124, 125 (Ind.1999) (discussing how the conduct that constituted kidnapping “clearly raised the foreseeable possibility that the intended victim might resist or that law enforcement would respond, and thereby created a risk of death to persons present”); Head v. State, 443 N.E.2d 44, 50 (Ind.1982) (noting the rationale that underlies the felony-murder rule, “the recognition that the crimes carry *53 the inherent risk of bodily harm.”). | 2 | 2 |
Deante Dalton v. State of Indianagreen2 sentences2019“The felony murder rule applies when, in committing any of the designated felonies, the felon contributes to the death of any person.” Dalton v. State, 56 N.E.3d 644, 648 (Ind. Ct. App. 2016) (internal quotations and brackets omitted, emphasis in original). 2019“Thus, it matters not whether the death caused is that of the intended victim, a passerby, or even a co-perpetrator.” Id. (internal quotation and brackets omitted). [13] A person who commits or attempts to commit one of the felonies designated in the felony-murder statute is criminally responsible for the death of another during the commission of said crime when the accused reasonably should have foreseen that the commission of or attempt to commit the contemplated felony would likely create a situation which would expose another to the danger of death. | 1 | 1 |
Fuller v. Stategreen1 sentence2016This simply cannot be.”) (quoting Fuller v. State, 639 N.E.2d 344, 347-48 (Ind.Ct.App.1994)). | 1 | 1 |
Baker v. Stategreen1 sentence2012See id. (“The fundamental error doctrine 8 provides a vehicle for the review of error not properly preserved for appeal.”). | 1 | 1 |
Sheckles v. Stategreen1 sentence1999See Sheckles v. State, 501 N.E.2d 1053, 1056 (Ind.1986) (holding that the elements of felony murder are the killing of another human being while committing or attempting to commit the underlying felony). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Forney v. State
green
1 sentence2016Our supreme court has held that the felony murder rule applies “‘when, in committing any of the designated felonies, the felon contributes to the death of any person.’” Id. (quoting Palmer v. State, 704 N.E.2d 124, 126 (Ind. 1999)). | 1 | 2016–2016 |
Ford v. State
green
1 sentence1991Ford v. State (1988), Ind., 521 N.E.2d 1309 . | 1 | 1991–1991 |
Fox v. State
green
1 sentence1991Fox v. State (1986), Ind., 497 N.E.2d 221 . 'The fact that appellant did not shoot the victim and claims that he did not foresee or intend that the shooting would oceur does not relieve him of liability under the felony murder doctrine. | 1 | 1991–1991 |
Bailey v. State
green
1 sentence1982Moon v. State, (1981) Ind., 419 N.E.2d 740 ; Bailey v. State, (1980) Ind., 412 N.E.2d 56 . | 1 | 1982–1982 |
People v. Aaron
green
2 sentences1982Engaging in certain penally-prohibited behavior may, of course, evidence a recklessness sufficient to establish manslaughter, or a practical certainty or intent, with respect to causing death, sufficient to establish murder, but such a finding is an independent determination which must rest on the facts of each case. $ sjc * * * ¡fc “ ‘In recognition of the trend toward, and the substantial body of criticism supporting, the abolition of the felony-murder rule, and because of the extremely questionable results which the rule has worked in other jurisdictions, the Code has eliminated from our la 1982Engaging in certain penally-prohibited behavior may, of course, evidence a recklessness sufficient to establish manslaughter, or a practical certainty or intent, with respect to causing death, sufficient to establish murder, but such a finding is an independent determination which must rest on the facts of each case. $ sjc * * * ¡fc “ ‘In recognition of the trend toward, and the substantial body of criticism supporting, the abolition of the felony-murder rule, and because of the extremely questionable results which the rule has worked in other jurisdictions, the Code has eliminated from our la | 1 | 1982–1982 |
Moon v. State
green
1 sentence1982Moon v. State, (1981) Ind., 419 N.E.2d 740 ; Bailey v. State, (1980) Ind., 412 N.E.2d 56 . | 1 | 1982–1982 |
United States Ex Rel. Almeida v. Baldi
green
1 sentence1973Almeida v. Baldi (3rd Cir. 1952), 195 F.2d 815 , the defendant had been charged under the felony-murder rule with killing an off-duty policeman during the holdup of a supermarket. | 1 | 1973–1973 |
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.