Patterson rule (Indiana) · Go Syfert
← Indiana issues

Patterson rule in Indiana

80 Indiana opinions name it 2 courts 1978–2026 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 (19)

CaseFollowedCited
Patterson v. Stategreen
ind · 1975 · cited in 23 Indiana opinions naming this issue, 1980–2015
2 sentences

2015Under the Patterson rule, “prior out-of-court statements, not under oath, were admissible as substantive evidence if the declarant was present and available for cross-examination at the time of the admission of such statements.” Modesitt v. State, 578 N.E.2d 649, 651 (Ind. 1991) (citing Patterson v. State, 324 N.E.2d 482, 484 (Ind. 1975)).

2015Under the Patterson rule, “prior out-of-court statements, not under oath, were admissible as substantive evidence if the declarant was present and available for cross-examination at the time of the admission of such statements.” Modesitt v. State, 578 N.E.2d 649, 651 (Ind. 1991) (citing Patterson v. State, 324 N.E.2d 482, 484 (Ind. 1975)).

823
Samuels v. Stategreen
ind · 1978 · cited in 15 Indiana opinions naming this issue, 1978–2001
2 sentences

2001We soon recognized the problems inherent in this decision, however, and attempted to minimize some harmful side effects See Lewis v. State, 440 N.E.2d 1125, 1180 (Ind.1982) cert. denied, 461 U.S. 915 , 108 S.Ct. 1895 , 77 L.Ed.2d 284 (1983) (courts should not permit "the State to put in substantive evidence of the witness-declarant's version of the facts solely through the admission of the witness' prior statement under the pretext of the Patterson rule"); Samuels v. State, 267 Ind. 676, 679 , 372 N.E.2d 1186, 1187 (1978) (condemning unjustifiable extensions of Patterson and indicating that ad

2001We soon recognized the problems inherent in this decision, however, and attempted to minimize some harmful side effects See Lewis v. State, 440 N.E.2d 1125, 1180 (Ind.1982) cert. denied, 461 U.S. 915 , 108 S.Ct. 1895 , 77 L.Ed.2d 284 (1983) (courts should not permit "the State to put in substantive evidence of the witness-declarant's version of the facts solely through the admission of the witness' prior statement under the pretext of the Patterson rule"); Samuels v. State, 267 Ind. 676, 679 , 372 N.E.2d 1186, 1187 (1978) (condemning unjustifiable extensions of Patterson and indicating that ad

415
Lewis v. Stategreen
ind · 1982 · cited in 18 Indiana opinions naming this issue, 1983–2001
2 sentences

2001We soon recognized the problems inherent in this decision, however, and attempted to minimize some harmful side effects See Lewis v. State, 440 N.E.2d 1125, 1180 (Ind.1982) cert. denied, 461 U.S. 915 , 108 S.Ct. 1895 , 77 L.Ed.2d 284 (1983) (courts should not permit "the State to put in substantive evidence of the witness-declarant's version of the facts solely through the admission of the witness' prior statement under the pretext of the Patterson rule"); Samuels v. State, 267 Ind. 676, 679 , 372 N.E.2d 1186, 1187 (1978) (condemning unjustifiable extensions of Patterson and indicating that ad

1991We held, in affirming the convictions, that "the key question in determining whether or not an abuse of the Patterson rule has occurred is whether the State has submitted evidence as to the relevant factual events in the case by directly examining (and thereby making him available for cross examination) the witness-declarant about those facts." 440 N.E.2d at 1130 .

218
Watkins v. Stategreen
ind · 1983 · cited in 13 Indiana opinions naming this issue, 1983–1996
2 sentences

1996The Patterson rule was enunciated in Patterson v. State, 263 Ind. 55 , 324 N.E.2d 482 (1975) and states that "[A] prior statement of a witness is admissible, not only for purposes of impeachment, but also as substantive evidence, provided the out-of-court asserter is present at trial for cross-examination.'" 446 N.E.2d at 960 , citing Smith v. State, 400 N.E.2d 1137, 1141 (Ind.1980).

1996The Patterson rule was enunciated in Patterson v. State, 263 Ind. 55 , 324 N.E.2d 482 (1975) and states that "[A] prior statement of a witness is admissible, not only for purposes of impeachment, but also as substantive evidence, provided the out-of-court asserter is present at trial for cross-examination.'" 446 N.E.2d at 960 , citing Smith v. State, 400 N.E.2d 1137, 1141 (Ind.1980).

213
Stone v. Stategreen
ind · 1978 · cited in 13 Indiana opinions naming this issue, 1980–1991
2 sentences

1991Further, in Stone v. State (1978), 268 Ind. 672 , 377 N.E.2d 1372 , this Court quoted the Som-uels language as condemning unjustifiable extensions of the Patterson rule and warned that "the use of prior statements of a trial witness by the proponent of the witness in lieu of available and direct testimony of such witness will not longer be sanctioned." 377 N.E.2d at 1375 .

1991Further, in Stone v. State (1978), 268 Ind. 672 , 377 N.E.2d 1372 , this Court quoted the Som-uels language as condemning unjustifiable extensions of the Patterson rule and warned that "the use of prior statements of a trial witness by the proponent of the witness in lieu of available and direct testimony of such witness will not longer be sanctioned." 377 N.E.2d at 1375 .

213
Smith v. Stategreen
indctapp · 1980 · cited in 7 Indiana opinions naming this issue, 1980–1996
2 sentences

1996The Patterson rule was enunciated in Patterson v. State, 263 Ind. 55 , 324 N.E.2d 482 (1975) and states that "[A] prior statement of a witness is admissible, not only for purposes of impeachment, but also as substantive evidence, provided the out-of-court asserter is present at trial for cross-examination.'" 446 N.E.2d at 960 , citing Smith v. State, 400 N.E.2d 1137, 1141 (Ind.1980).

1996The Patterson rule was enunciated in Patterson v. State, 263 Ind. 55 , 324 N.E.2d 482 (1975) and states that "[A] prior statement of a witness is admissible, not only for purposes of impeachment, but also as substantive evidence, provided the out-of-court asserter is present at trial for cross-examination.'" 446 N.E.2d at 960 , citing Smith v. State, 400 N.E.2d 1137, 1141 (Ind.1980).

27
Dh v. Jhgreen
indctapp · 1981 · cited in 5 Indiana opinions naming this issue, 1983–1990
2 sentences

1990Its misapplication and abuse have been noted in Samuels v. State, (1978), 267 Ind. 676, 678-79 , 372 N.E.2d 1186, 1187 , (‘To the extent that it has been used to support the admission of out-of-court statements as a mere substitute for available in-court testimony, it has been misapplied.’) and in Carter v. State, (1980) Ind.App., 412 N.E.2d 825, 828-31 , (‘We conclude that the trial court erred in permitting Officer Crawford to relate Irey Hughes’ post-arrest statements before Hughes acknowledged making the statements.’) and (‘under our interpretation of the Patterson rule, denied or unrecall

1990Its misapplication and abuse have been noted in Samuels v. State, (1978), 267 Ind. 676, 678-79 , 372 N.E.2d 1186, 1187 , (‘To the extent that it has been used to support the admission of out-of-court statements as a mere substitute for available in-court testimony, it has been misapplied.’) and in Carter v. State, (1980) Ind.App., 412 N.E.2d 825, 828-31 , (‘We conclude that the trial court erred in permitting Officer Crawford to relate Irey Hughes’ post-arrest statements before Hughes acknowledged making the statements.’) and (‘under our interpretation of the Patterson rule, denied or unrecall

25
Douglass v. Stategreen
ind · 1984 · cited in 3 Indiana opinions naming this issue, 1985–1989
2 sentences

1989Douglass v. State (1984), Ind., 466 N.E.2d 721, 724 .

1989Douglass v. State (1984), Ind., 466 N.E.2d 721, 724 .

23
Modesitt v. Stategreen
ind · 1991 · cited in 12 Indiana opinions naming this issue, 1991–2015
2 sentences

2015Under the Patterson rule, “prior out-of-court statements, not under oath, were admissible as substantive evidence if the declarant was present and available for cross-examination at the time of the admission of such statements.” Modesitt v. State, 578 N.E.2d 649, 651 (Ind. 1991) (citing Patterson v. State, 324 N.E.2d 482, 484 (Ind. 1975)).

2015Under the Patterson rule, “prior out-of-court statements, not under oath, were admissible as substantive evidence if the declarant was present and available for cross-examination at the time of the admission of such statements.” Modesitt v. State, 578 N.E.2d 649, 651 (Ind. 1991) (citing Patterson v. State, 324 N.E.2d 482, 484 (Ind. 1975)).

112
Carter v. Stategreen
indctapp · 1980 · cited in 5 Indiana opinions naming this issue, 1982–1990
2 sentences

1990Its misapplication and abuse have been noted in Samuels v. State, (1978), 267 Ind. 676, 678-79 , 372 N.E.2d 1186, 1187 , (‘To the extent that it has been used to support the admission of out-of-court statements as a mere substitute for available in-court testimony, it has been misapplied.’) and in Carter v. State, (1980) Ind.App., 412 N.E.2d 825, 828-31 , (‘We conclude that the trial court erred in permitting Officer Crawford to relate Irey Hughes’ post-arrest statements before Hughes acknowledged making the statements.’) and (‘under our interpretation of the Patterson rule, denied or unrecall

1990Its misapplication and abuse have been noted in Samuels v. State, (1978), 267 Ind. 676, 678-79 , 372 N.E.2d 1186, 1187 , (‘To the extent that it has been used to support the admission of out-of-court statements as a mere substitute for available in-court testimony, it has been misapplied.’) and in Carter v. State, (1980) Ind.App., 412 N.E.2d 825, 828-31 , (‘We conclude that the trial court erred in permitting Officer Crawford to relate Irey Hughes’ post-arrest statements before Hughes acknowledged making the statements.’) and (‘under our interpretation of the Patterson rule, denied or unrecall

15
Flewallen v. Stategreen
ind · 1977 · cited in 5 Indiana opinions naming this issue, 1980–1983
2 sentences

1983As can be seen by reading the cases he cites, including Justice DeBruler's dissent in Flewallen [v. State, (1977) 267 Ind. 90 , 368 N.E.2d 239 ], supra, the key question in determining whether or not an abuse of the Patterson rule has occurred is whether the State has submitted evidence as to the relevant factual events in the case by directly examining (and thereby making him available for cross-examination) the witness-declarant about those facts.

1983As can be seen by reading the cases he cites, including Justice DeBruler's dissent in Flewallen [v. State, (1977) 267 Ind. 90 , 368 N.E.2d 239 ], supra, the key question in determining whether or not an abuse of the Patterson rule has occurred is whether the State has submitted evidence as to the relevant factual events in the case by directly examining (and thereby making him available for cross-examination) the witness-declarant about those facts.

15
Keramida v. Zachmanoglougreen
indctapp · 1984 · cited in 3 Indiana opinions naming this issue, 1989–1991
2 sentences

1991See, eg., Keramida v. Zachmanoglou (1984), Ind.App., 470 N.E.2d 769 (written psychologist's report that recounted statements of psychologist and statements made to psychologist by persons acquainted with the party admissible under the Patterson rule where psychologist and acquaintances testified and were available for cross-examination).

1991See, eg., Keramida v. Zachmanoglou (1984), Ind.App., 470 N.E.2d 769 (written psychologist's report that recounted statements of psychologist and statements made to psychologist by persons acquainted with the party admissible under the Patterson rule where psychologist and acquaintances testified and were available for cross-examination).

13
Foor v. Stategreen
indctapp · 1977 · cited in 3 Indiana opinions naming this issue, 1981–1990
2 sentences

1990Cook v. State, (1978), 269 Ind. 227, 228-29 , 379 N.E.2d 965, 966 ; Moten v. State, (1978), 269 Ind. 309, 312-13 , 380 N.E.2d 544, 546 ; Foor v. State, (1977), 172 Ind. App. 618, 622-23 , 360 N.E.2d 1273, 1275 ," is noteworthy.

1990Cook v. State, (1978), 269 Ind. 227, 228-29 , 379 N.E.2d 965, 966 ; Moten v. State, (1978), 269 Ind. 309, 312-13 , 380 N.E.2d 544, 546 ; Foor v. State, (1977), 172 Ind.App. 618, 622-23, 360 .N.E.2d 1273, 1275,” is noteworthy.

13
Drane v. Stategreen
ind · 2007 · cited in 1 Indiana opinions naming this issue, 2016–2016
11
Loomis v. Ameritech Corp.green
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2014–2014
11
Ballaban v. Bloomington Jewish Community, Inc.green
· 2013 · cited in 1 Indiana opinions naming this issue, 2014–2014
11
Banks v. Stategreen
ind · 1991 · cited in 1 Indiana opinions naming this issue, 1997–1997
11
Keller v. Stategreen
ind · 1990 · cited in 1 Indiana opinions naming this issue, 1997–1997
11
Hendricks v. Stategreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 1990–1990
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 (43)

CaseCitedYears
Tyler v. Hartford Fire Insurance green
scotus · 1983
2 sentences

2001We soon recognized the problems inherent in this decision, however, and attempted to minimize some harmful side effects See Lewis v. State, 440 N.E.2d 1125, 1180 (Ind.1982) cert. denied, 461 U.S. 915 , 108 S.Ct. 1895 , 77 L.Ed.2d 284 (1983) (courts should not permit "the State to put in substantive evidence of the witness-declarant's version of the facts solely through the admission of the witness' prior statement under the pretext of the Patterson rule"); Samuels v. State, 267 Ind. 676, 679 , 372 N.E.2d 1186, 1187 (1978) (condemning unjustifiable extensions of Patterson and indicating that ad

1984The application of the Patterson rule was discussed by this Court in Lewis v. State, (1982) Ind., 440 N.E.2d 1125 , cert. denied, (1983) - U.S. -, 103 S.Ct. 1895 , 77 L.Ed.2d 284 . "... the key question in determining whether or not an abuse of the Patter *724 son rule has occurred is whether the State has submitted evidence as to the relevant factual events in the case by directly examining (and thereby making him available for cross-examination) the witness-declarant about those facts.

71984–2001
Reich v. Larson green
scotus · 1983
2 sentences

2001We soon recognized the problems inherent in this decision, however, and attempted to minimize some harmful side effects See Lewis v. State, 440 N.E.2d 1125, 1180 (Ind.1982) cert. denied, 461 U.S. 915 , 108 S.Ct. 1895 , 77 L.Ed.2d 284 (1983) (courts should not permit "the State to put in substantive evidence of the witness-declarant's version of the facts solely through the admission of the witness' prior statement under the pretext of the Patterson rule"); Samuels v. State, 267 Ind. 676, 679 , 372 N.E.2d 1186, 1187 (1978) (condemning unjustifiable extensions of Patterson and indicating that ad

1992In support, the court cited Lewis v. State (1982), Ind., 440 N.E.2d 1125 , cert. denied 461 U.S. 915 , 103 S.Ct. 1895 , 77 L.Ed.2d 284 , where it had allowed three witnesses to testify to hearsay statements after the declarant had already testified and had been cross examined regarding the subject matter of those statements.

71985–2001
Lambert v. State green
ind · 1989
2 sentences

1990On rehearing, however, we found that such analysis and application of the Patterson rule was incomplete and we unequivocally stated: A party wishing to use hearsay evidence under the Patterson rule exeeption must elicit the necessary foundational testimony from the witness regarding the out-of-court statement and its content. 534 N.E.2d at 237 .

1990On rehearing, however, we found that such analysis and application of the Patterson rule was incomplete and we unequivocally stated: A party wishing to use hearsay evidence under the Patterson rule exeeption must elicit the necessary foundational testimony from the witness regarding the out-of-court statement and its content. 534 N.E.2d at 237 .

61990–1993
Vince v. DeJohn green
scotus · 1983
2 sentences

1984The application of the Patterson rule was discussed by this Court in Lewis v. State, (1982) Ind., 440 N.E.2d 1125 , cert. denied, (1983) - U.S. -, 103 S.Ct. 1895 , 77 L.Ed.2d 284 . "... the key question in determining whether or not an abuse of the Patter *724 son rule has occurred is whether the State has submitted evidence as to the relevant factual events in the case by directly examining (and thereby making him available for cross-examination) the witness-declarant about those facts.

1984The application of the Patterson rule was discussed by this Court in Lewis v. State, (1982) Ind., 440 N.E.2d 1125 , cert. denied, (1983) - U.S. -, 103 S.Ct. 1895 , 77 L.Ed.2d 284 . "... the key question in determining whether or not an abuse of the Patter *724 son rule has occurred is whether the State has submitted evidence as to the relevant factual events in the case by directly examining (and thereby making him available for cross-examination) the witness-declarant about those facts.

61984–1992
Carter v. State green
ind · 1977
2 sentences

1981In Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1208 , cert. denied, 434 U.S. 866 , 98 S.Ct. 202 , 54 L.Ed.2d 142 , and Torrence v. State, (1975) 263 Ind. 202 , 328 N.E.2d 214 , we held repudiation of a prior inconsistent statement does not invalidate the Patterson rule.

1981In Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1208 , cert. denied, 434 U.S. 866 , 98 S.Ct. 202 , 54 L.Ed.2d 142 , and Torrence v. State, (1975) 263 Ind. 202 , 328 N.E.2d 214 , we held repudiation of a prior inconsistent statement does not invalidate the Patterson rule.

51980–1986
Mata v. Aaron green
scotus · 1977
2 sentences

1981In Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1208 , cert. denied, 434 U.S. 866 , 98 S.Ct. 202 , 54 L.Ed.2d 142 , and Torrence v. State, (1975) 263 Ind. 202 , 328 N.E.2d 214 , we held repudiation of a prior inconsistent statement does not invalidate the Patterson rule.

1981In Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1208 , cert. denied, 434 U.S. 866 , 98 S.Ct. 202 , 54 L.Ed.2d 142 , and Torrence v. State, (1975) 263 Ind. 202 , 328 N.E.2d 214 , we held repudiation of a prior inconsistent statement does not invalidate the Patterson rule.

51980–1986
Pankey v. Bordenkircher green
scotus · 1977
2 sentences

1981In Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1208 , cert. denied, 434 U.S. 866 , 98 S.Ct. 202 , 54 L.Ed.2d 142 , and Torrence v. State, (1975) 263 Ind. 202 , 328 N.E.2d 214 , we held repudiation of a prior inconsistent statement does not invalidate the Patterson rule.

1981In Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1208 , cert. denied, 434 U.S. 866 , 98 S.Ct. 202 , 54 L.Ed.2d 142 , and Torrence v. State, (1975) 263 Ind. 202 , 328 N.E.2d 214 , we held repudiation of a prior inconsistent statement does not invalidate the Patterson rule.

51980–1986
Johnson v. State green
ind · 1978
2 sentences

1990Patterson v. State (1975), 268 Ind. 55 , 324 N.E.2d 482 .

1981Riddle v. State (1980) Ind., 402 N.E.2d 958 ; Brown v. State (1979) Ind., 390 N.E.2d 1000 ; Gutierrez v. State, (1979) Ind., 386 N.E.2d 1207 ; Thompkins v. State (1978) Ind., 383 N.E.2d 347 ; Buttram v. State, (1978) 269 Ind. 598 , 382 N.E.2d 166 ; Williams v. State, (1978) 269 Ind. 193 , 379 N.E.2d 449 ; Stone v. State, (1978) 268 Ind. 672 , 377 N.E.2d 1372 ; Rogers v. State, (1978) 268 Ind. 370 , 375 N.E.2d 1089 ; Johnson v. State, (1978) 268 Ind. 55 , 373 N.E.2d 169 ; Flewallen v. State, (1977) 267 Ind. 90 , 368 N.E.2d 239 ; Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1209 , cert. den

41981–1990
Lloyd v. State green
indctapp · 1975
2 sentences

1985Lloyd v. State (1975), 166 Ind.App. 248, 256 , 335 N.E.2d 232, 237 .

1985Lloyd v. State (1975), 166 Ind.App. 248, 256 , 335 N.E.2d 232, 237 .

41980–1985
Stone v. State green
indctapp · 1989
2 sentences

1991He contends the Patterson rule is misapplied when invoked to support the admission of out-of-court statements “as a mere substitute for in-court testimony.” Stone v. State (1989), Ind.App., 536 N.E.2d 534, 536 .

1991He contends the Patterson rule is misapplied when invoked to support the admission of out-of-court statements “as a mere substitute for in-court testimony.” Stone v. State (1989), Ind.App., 536 N.E.2d 534, 536 .

31989–1992
Cook v. State green
ind · 1978
2 sentences

1981In Cook v. State, (1978) 269 Ind. 227 , 379 N.E.2d 965 , a video taped prior inconsistent statement was admitted for substantive proof under the Patterson rule even though the witness tried to repudiate the statement by asserting he had no personal knowledge of the events in question.

1981In Cook v. State, (1978) 269 Ind. 227 , 379 N.E.2d 965 , a video taped prior inconsistent statement was admitted for substantive proof under the Patterson rule even though the witness tried to repudiate the statement by asserting he had no personal knowledge of the events in question.

31981–1990
Ruel v. State green
indctapp · 1986
2 sentences

1989Ruel v. State (1986), Ind.App., 500 N.E.2d 1274, 1277 .

1989Ruel v. State (1986), Ind.App., 500 N.E.2d 1274, 1277 .

31989–1989
Traver v. State green
ind · 1991
2 sentences

1993Traver, 568 N.E.2d at 1012 .

1993Traver, 568 N.E.2d at 1012 .

21992–1993
Moten v. State green
ind · 1978
2 sentences

1990Cook v. State, (1978), 269 Ind. 227, 228-29 , 379 N.E.2d 965, 966 ; Moten v. State, (1978), 269 Ind. 309, 312-13 , 380 N.E.2d 544, 546 ; Foor v. State, (1977), 172 Ind.App. 618, 622-23, 360 .N.E.2d 1273, 1275,” is noteworthy.

1990Cook v. State, (1978), 269 Ind. 227, 228-29 , 379 N.E.2d 965, 966 ; Moten v. State, (1978), 269 Ind. 309, 312-13 , 380 N.E.2d 544, 546 ; Foor v. State, (1977), 172 Ind.App. 618, 622-23, 360 .N.E.2d 1273, 1275,” is noteworthy.

21983–1990
Jackson v. State green
indctapp · 1985
2 sentences

1989Watkins v. State (1983), Ind., 446 N.E.2d 949, 960 ; Payne v. State (1987), Ind.App., 515 N.E.2d 1141, 1144 ; Jackson v. State (1985), Ind.App., 485 N.E.2d 144,148 . 1 Cf. Ruel v. State (1986), Ind.App., 500 N.E.2d 1274 .

1989Watkins v. State (1983), Ind., 446 N.E.2d 949, 960 ; Payne v. State (1987), Ind.App., 515 N.E.2d 1141, 1144 ; Jackson v. State (1985), Ind.App., 485 N.E.2d 144,148 . 1 Cf. Ruel v. State (1986), Ind.App., 500 N.E.2d 1274 .

21989–1989
Rogers v. State green
ind · 1978
21981–1981
Brown v. State green
ind · 1979
21981–1981
Rieth-Riley Construction Company, Inc. v. McCarrell green
indctapp · 1975
21981–1981
Buttram v. State green
ind · 1978
2 sentences

1981Riddle v. State (1980) Ind., 402 N.E.2d 958 ; Brown v. State (1979) Ind., 390 N.E.2d 1000 ; Gutierrez v. State, (1979) Ind., 386 N.E.2d 1207 ; Thompkins v. State (1978) Ind., 383 N.E.2d 347 ; Buttram v. State, (1978) 269 Ind. 598 , 382 N.E.2d 166 ; Williams v. State, (1978) 269 Ind. 193 , 379 N.E.2d 449 ; Stone v. State, (1978) 268 Ind. 672 , 377 N.E.2d 1372 ; Rogers v. State, (1978) 268 Ind. 370 , 375 N.E.2d 1089 ; Johnson v. State, (1978) 268 Ind. 55 , 373 N.E.2d 169 ; Flewallen v. State, (1977) 267 Ind. 90 , 368 N.E.2d 239 ; Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1209 , cert. den

1981Riddle v. State (1980) Ind., 402 N.E.2d 958 ; Brown v. State (1979) Ind., 390 N.E.2d 1000 ; Gutierrez v. State, (1979) Ind., 386 N.E.2d 1207 ; Thompkins v. State (1978) Ind., 383 N.E.2d 347 ; Buttram v. State, (1978) 269 Ind. 598 , 382 N.E.2d 166 ; Williams v. State, (1978) 269 Ind. 193 , 379 N.E.2d 449 ; Stone v. State, (1978) 268 Ind. 672 , 377 N.E.2d 1372 ; Rogers v. State, (1978) 268 Ind. 370 , 375 N.E.2d 1089 ; Johnson v. State, (1978) 268 Ind. 55 , 373 N.E.2d 169 ; Flewallen v. State, (1977) 267 Ind. 90 , 368 N.E.2d 239 ; Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1209 , cert. den

21981–1981
Williams v. State green
ind · 1978
21981–1981
Thompkins v. State green
ind · 1978
21981–1981
Riddle v. State green
ind · 1980
21981–1981
Gutierrez v. State green
ind · 1979
21981–1981
Wheeler v. State neutral
indctapp · 1976
21981–1981
Stewart v. State neutral
indctapp · 1977
2 sentences

1981Riddle v. State (1980) Ind., 402 N.E.2d 958 ; Brown v. State (1979) Ind., 390 N.E.2d 1000 ; Gutierrez v. State, (1979) Ind., 386 N.E.2d 1207 ; Thompkins v. State (1978) Ind., 383 N.E.2d 347 ; Buttram v. State, (1978) 269 Ind. 598 , 382 N.E.2d 166 ; Williams v. State, (1978) 269 Ind. 193 , 379 N.E.2d 449 ; Stone v. State, (1978) 268 Ind. 672 , 377 N.E.2d 1372 ; Rogers v. State, (1978) 268 Ind. 370 , 375 N.E.2d 1089 ; Johnson v. State, (1978) 268 Ind. 55 , 373 N.E.2d 169 ; Flewallen v. State, (1977) 267 Ind. 90 , 368 N.E.2d 239 ; Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1209 , cert. den

1981Riddle v. State (1980) Ind., 402 N.E.2d 958 ; Brown v. State (1979) Ind., 390 N.E.2d 1000 ; Gutierrez v. State, (1979) Ind., 386 N.E.2d 1207 ; Thompkins v. State (1978) Ind., 383 N.E.2d 347 ; Buttram v. State, (1978) 269 Ind. 598 , 382 N.E.2d 166 ; Williams v. State, (1978) 269 Ind. 193 , 379 N.E.2d 449 ; Stone v. State, (1978) 268 Ind. 672 , 377 N.E.2d 1372 ; Rogers v. State, (1978) 268 Ind. 370 , 375 N.E.2d 1089 ; Johnson v. State, (1978) 268 Ind. 55 , 373 N.E.2d 169 ; Flewallen v. State, (1977) 267 Ind. 90 , 368 N.E.2d 239 ; Carter v. State, (1977) 266 Ind. 196 , 361 N.E.2d 1209 , cert. den

21981–1981
Warren v. State green
ind · 2000
12026–2026
Humphrey v. State green
ind · 1997
12017–2017
Ebersol v. Mishler green
indctapp · 2002
12005–2005
Bernstein v. Glavin green
indctapp · 2000
12005–2005
McCoy v. Court of Appeals of Wisconsin, District 1 green
scotus · 1988
12001–2001
Timmons v. State green
ind · 1992
11993–1993
Saintignon v. State neutral
ind · 1993
11993–1993
Lambert v. State green
ind · 1987
11990–1990
Payne v. State green
indctapp · 1987
11989–1989
Consolidated Rail Corp. v. Thomas green
indctapp · 1984
11986–1986
Balfour v. State neutral
ind · 1981
11983–1983
B.M.P. v. State neutral
indctapp · 1983
11983–1983
Espenlaub v. State green
ind · 1936
11982–1982
Espenlaub v. Indiana neutral
scotus · 1937
11982–1982
Sartorius v. Commissioner neutral
scotus · 1937
11982–1982

Statutes the citing opinions construe

IN § Ind. Code § 35-42-4-3 (7) IN § Ind. Code § 35-42-1-1 (3) IN § Ind. Code § 35-43-2-1 (3)

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.

Where else courts name it

IN 80 (1978–2026) CA 15 (1990–2024) NJ 13 (2017–2026) TX 13 (1921–2025) OH 13 (2001–2026) GA 12 (1988–2025) IL 11 (1986–2022) NY 10 (1992–2026) CT 8 (2007–2021) FL 7 (2000–2019) AL 6 (2004–2024) NV 4 (2013–2022) UT 4 (1995–2017) DE 4 (2010–2023) AZ 4 (2004–2025) WI 4 (2000–2020) LA 4 (1990–2010) WV 3 (1986–2022) DC 3 (1989–2010) PA 3 (1968–2023) MO 3 (1992–2019) NE 3 (1987–2019) VA 3 (1986–2006) WY 2 (2025–2025) MD 2 (2010–2021) NM 2 (2018–2019) AK 2 (2017–2022) KS 2 (2020–2021) MN 2 (2003–2011) ID 2 (2000–2014) MS 2 (1993–2015) OK 2 (2000–2004)

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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