misconduct constituted fundamental error (Indiana) · Go Syfert
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misconduct constituted fundamental error in Indiana

11 Indiana opinions name it 1 courts 2014–2026 1 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.

Followed or applied (5)

CaseFollowedCited
Bruce Ryan v. State of Indianagreen
ind · 2014 · cited in 8 Indiana opinions naming this issue, 2014–2019
2 sentences

2019Lowden, 51 N.E.3d at 1224-25 (citing Ryan, 9 N.E.3d at 667-68).

2019Ryan v. State, 9 N.E.3d 663, 667 (Ind. 2014); see also Nichols v. State, 974 N.E.2d 531, 535 (Ind. Ct. App. 2012). “‘Whether a prosecutor’s argument constitutes misconduct is measured by reference to case law and the Rules of Professional Conduct.’” Nichols, 974 N.E.2d at 535 (quoting Cooper v. State, 854 N.E.2d 831, 835 (Ind. 2006)).

28
Cooper v. Stategreen
ind · 2006 · cited in 2 Indiana opinions naming this issue, 2019–2026
2 sentences

2026Cooper, 854 N.E.2d at 835 .

2019Ryan v. State, 9 N.E.3d 663, 667 (Ind. 2014); see also Nichols v. State, 974 N.E.2d 531, 535 (Ind. Ct. App. 2012). “‘Whether a prosecutor’s argument constitutes misconduct is measured by reference to case law and the Rules of Professional Conduct.’” Nichols, 974 N.E.2d at 535 (quoting Cooper v. State, 854 N.E.2d 831, 835 (Ind. 2006)).

12
Stephenson v. Stategreen
ind · 2001 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020Booher, 773 N.E.2d at 818 . [14] “It is improper for a prosecutor to suggest that a defendant shoulders the burden of proof in a criminal case.” Stephenson v. State, 742 N.E.2d 463, 483 (Ind. 2001), cert. denied, 534 U.S. 1105 (2002).

11
Patrick Nichols v. State of Indianagreen
indctapp · 2012 · cited in 1 Indiana opinions naming this issue, 2019–2019
2 sentences

2019Ryan v. State, 9 N.E.3d 663, 667 (Ind. 2014); see also Nichols v. State, 974 N.E.2d 531, 535 (Ind. Ct. App. 2012). “‘Whether a prosecutor’s argument constitutes misconduct is measured by reference to case law and the Rules of Professional Conduct.’” Nichols, 974 N.E.2d at 535 (quoting Cooper v. State, 854 N.E.2d 831, 835 (Ind. 2006)).

2019Ryan v. State, 9 N.E.3d 663, 667 (Ind. 2014); see also Nichols v. State, 974 N.E.2d 531, 535 (Ind. Ct. App. 2012). “‘Whether a prosecutor’s argument constitutes misconduct is measured by reference to case law and the Rules of Professional Conduct.’” Nichols, 974 N.E.2d at 535 (quoting Cooper v. State, 854 N.E.2d 831, 835 (Ind. 2006)).

11
Cory Lowden v. State of Indianagreen
indctapp · 2016 · cited in 1 Indiana opinions naming this issue, 2019–2019
2 sentences

2019Lowden, 51 N.E.3d at 1224-25 (citing Ryan, 9 N.E.3d at 667-68).

2019See id. [20] Because he failed to preserve his claim of prosecutorial misconduct for appeal, Thomas must, in addition to establishing prosecutorial misconduct, also establish that the misconduct constituted fundamental error.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Booher v. State green
ind · 2002
1 sentence

2020Booher, 773 N.E.2d at 818 . [14] “It is improper for a prosecutor to suggest that a defendant shoulders the burden of proof in a criminal case.” Stephenson v. State, 742 N.E.2d 463, 483 (Ind. 2001), cert. denied, 534 U.S. 1105 (2002).

12020–2020
Stephenson v. Indiana green
scotus · 2002
1 sentence

2020Booher, 773 N.E.2d at 818 . [14] “It is improper for a prosecutor to suggest that a defendant shoulders the burden of proof in a criminal case.” Stephenson v. State, 742 N.E.2d 463, 483 (Ind. 2001), cert. denied, 534 U.S. 1105 (2002).

12020–2020
Lainhart v. State green
indctapp · 2009
1 sentence

2014Lainhart, 916 N.E.2d at 938-939 .

12014–2014

Where else courts name it

IN 11 (2014–2026) AZ 4 (2014–2016) ID 2 (2015–2023)

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.

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