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11 Indiana opinions name it 2 courts 1921–2014 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 |
|---|---|---|
French v. Stategreen2 sentences2005A failure to instruct is not subject to appellate review unless a proper request has been made, and error cannot be addressed to a correct but incomplete instruction, if instructions have not been requested on the omitted points. 3 French v. State, 273 Ind. 251, 256 , 403 N.E.2d 821, 824 (1980). *581 Notwithstanding the waiver, any instructional error was harmless. 2005A failure to instruct is not subject to appellate review unless a proper request has been made, and error cannot be addressed to a correct but incomplete instruction, if instructions have not been requested on the omitted points. 3 French v. State, 273 Ind. 251, 256 , 403 N.E.2d 821, 824 (1980). *581 Notwithstanding the waiver, any instructional error was harmless. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
1 sentence2014Thus, where one raised an incomplete claim of ineffective assistance of trial counsel on direct appeal, he is limited in post-conviction proceedings to challenging the “ineffective assistance of his appellate counsel in presenting or omitting issues bearing on his claim of ineffective assistance of trial counsel.” Id. at 598. 9 “To establish a post-conviction claim alleging violation of the Sixth Amendment right to effective assistance of counsel, a defendant must establish the two components set forth in Strickland v. Washington, 466 U.S. 668 (1984).” Garrett, 992 N.E.2d at 718 . | 1 | 2014–2014 |
Juan M. Garrett v. State of Indiana
green
1 sentence2014Thus, where one raised an incomplete claim of ineffective assistance of trial counsel on direct appeal, he is limited in post-conviction proceedings to challenging the “ineffective assistance of his appellate counsel in presenting or omitting issues bearing on his claim of ineffective assistance of trial counsel.” Id. at 598. 9 “To establish a post-conviction claim alleging violation of the Sixth Amendment right to effective assistance of counsel, a defendant must establish the two components set forth in Strickland v. Washington, 466 U.S. 668 (1984).” Garrett, 992 N.E.2d at 718 . | 1 | 2014–2014 |
Ludy v. State
green
1 sentence2009ISSUES VanWanzeele presents six issues for our review, which we restate as: (1) Whether the trial court abused its discretion by refusing to instruct the jury on residential entry as a lesser-included offense of burglary; (2) Whether the trial court's instruction on the "breaking" element of burglary improperly emphasized one evidentiary fact, in violation of our supreme court's opinion in Ludy v. State, 784 N.E.2d 459 (Ind.2003); (3) Whether the trial court gave an incomplete instruction on the concept of reasonable doubt; (4) Whether the trial court abused its discretion by determining that | 1 | 2009–2009 |
Thornton Ex Rel. Thornton v. Pender
green
2 sentences1987Thornton v. Pender (1978) 268 Ind. 540 , 377 N.E.2d 613 . 1987Thornton v. Pender (1978) 268 Ind. 540 , 377 N.E.2d 613 . | 1 | 1987–1987 |
Flowers v. State
green
2 sentences1980Flowers v. State (1957) 236 Ind. 151, 168 , 139 N.E.2d 185 ; Wilson v. State (1953) 232 Ind. 365, 367 , 111 N.E.2d 709 . 1980Flowers v. State (1957) 236 Ind. 151, 168 , 139 N.E.2d 185 ; Wilson v. State (1953) 232 Ind. 365, 367 , 111 N.E.2d 709 . | 1 | 1980–1980 |
Wilson v. State
green
2 sentences1980Flowers v. State (1957) 236 Ind. 151, 168 , 139 N.E.2d 185 ; Wilson v. State (1953) 232 Ind. 365, 367 , 111 N.E.2d 709 . 1980Flowers v. State (1957) 236 Ind. 151, 168 , 139 N.E.2d 185 ; Wilson v. State (1953) 232 Ind. 365, 367 , 111 N.E.2d 709 . | 1 | 1980–1980 |
Arthur v. State
green
1 sentence1949Note.—Reported in 86 N. E. 2d 698 . | 1 | 1949–1949 |
Mitchell v. Godsey
neutral
1 sentence1947Vogel v. Ridens (1942), 112 Ind. App. 493, 503 , 44 N. E. (2d) 238; Mitchell v. Godsey (1941), 109 Ind. App. 399, 403 , 32 N. E. (2d) 745. | 1 | 1947–1947 |
Vogel v. Ridens
green
1 sentence1947Vogel v. Ridens (1942), 112 Ind. App. 493, 503 , 44 N. E. (2d) 238; Mitchell v. Godsey (1941), 109 Ind. App. 399, 403 , 32 N. E. (2d) 745. | 1 | 1947–1947 |
Murray v. Cottrell
neutral
2 sentences1938Murray v. Cottrell (1923), 80 Ind. App. 521 , 141 N. E. 524 . 1938Murray v. Cottrell (1923), 80 Ind. App. 521 , 141 N. E. 524 . | 1 | 1938–1938 |
Rahke v. State
green
2 sentences1930This section of Gillett’s Criminal Law does not support appellant’s contention, but said section says: “It is settled by abundant authority that error cannot be predicated upon the giving of an incomplete instruction, unless by reason of its abridged character it is in and of itself misleading; the remedy of the complaining party is to tender complete instructions.” Appellant also cites Rahke v. State (1907), 168 Ind. 615 , 81 N. E. 584 , In that case, the charge was assault and battery with intent to commit rape under the first clause of §2429 Burns 1926, that is, to have carnal knowledge of 1930This section of Gillett’s Criminal Law does not support appellant’s contention, but said section says: “It is settled by abundant authority that error cannot be predicated upon the giving of an incomplete instruction, unless by reason of its abridged character it is in and of itself misleading; the remedy of the complaining party is to tender complete instructions.” Appellant also cites Rahke v. State (1907), 168 Ind. 615 , 81 N. E. 584 , In that case, the charge was assault and battery with intent to commit rape under the first clause of §2429 Burns 1926, that is, to have carnal knowledge of | 1 | 1930–1930 |
McAfee v. Montgomery
neutral
2 sentences1925McAfee v. Montgomery, Admr. (1898), 21 Ind. App. 196 , 51 N. E. 957 ; Citizens' St. 1925McAfee v. Montgomery, Admr. (1898), 21 Ind. App. 196 , 51 N. E. 957 ; Citizens' St. | 1 | 1925–1925 |
Harris v. State
green
2 sentences1921Harris v. State (1900), 155 Ind. 265, 271 , 58 N. E. 75 ; Corn v. State (1912), 177 Ind. 158 , 97 N. E. 421 ; Ewbank, Criminal Law §491. 1921Harris v. State (1900), 155 Ind. 265, 271 , 58 N. E. 75 ; Corn v. State (1912), 177 Ind. 158 , 97 N. E. 421 ; Ewbank, Criminal Law §491. | 1 | 1921–1921 |
Corn v. State
neutral
2 sentences1921Harris v. State (1900), 155 Ind. 265, 271 , 58 N. E. 75 ; Corn v. State (1912), 177 Ind. 158 , 97 N. E. 421 ; Ewbank, Criminal Law §491. 1921Harris v. State (1900), 155 Ind. 265, 271 , 58 N. E. 75 ; Corn v. State (1912), 177 Ind. 158 , 97 N. E. 421 ; Ewbank, Criminal Law §491. | 1 | 1921–1921 |
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.