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10 Indiana opinions name it 3 courts 1988–2016 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 |
|---|---|---|
Carter v. Stategreen2 sentences2015The State maintains that it is clear the prosecutor’s comments were a response to Zamani’s theory of defense, that the comments were in response to Zamani’s assertion that he was merely reacting to Scurlock’s alleged assault of Zamani’s mother, and that Zamani was not merely Court of Appeals of Indiana | Opinion 32A05-1406-CR-264 | May 29, 2015 Page 23 of 28 reacting to a tense situation but rather brought items with him to the house for the purpose of killing Scurlock. [36] The Fifth Amendment to the United States Constitution provides that no person “shall be compelled in any criminal case t 2015The State maintains that it is clear the prosecutor’s comments were a response to Zamani’s theory of defense, that the comments were in response to Zamani’s assertion that he was merely reacting to Scurlock’s alleged assault of Zamani’s mother, and that Zamani was not merely reacting to a tense situation but rather brought items with him to the house for the purpose of killing Scurlock. [36] The Fifth Amendment to the United States Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” “In determining whether a prosecutor’s comments are | 2 | 2 |
Lopez v. Stategreen1 sentence2015See Lopez v. State, 527 N.E.2d 1119, 1127 (Ind.1988) (“[A] prosecutor may comment on the credibility of the witnesses as long as the assertions are based on reasons which arise from the evidence.”). [13] Bryant also argues that the prosecutor’s comments were a violation of his Fifth Amendment right against self-incrimination. | 1 | 1 |
Ramsey v. Stategreen1 sentence2013Cf. Ramsey v. State, 853 N.E.2d 491, 501 (Ind.Ct.App.2006) (“[T]he State’s comment here was directed at the quality of Ramsey’s defense, not personally at Ramsey’s counsel, because the State argued that the strategy of the defense was to attack the State’s witnesses because of the strength of the State’s case.”), trans. denied. | 1 | 1 |
Larkins v. Kohlmeyergreen2 sentences2004See id.; see also Larkins v. Kohlmeyer, 229 Ind. 391 , 98 N.E.2d 896, 900 (1951) ("It is not error to instruct the jury that the violation of a statute is negligence per se, or negligence as a matter of law, when there is no evidence or permissible inference of any fact or facts which would tend to excuse such conduct."). 2004See id.; see also Larkins v. Kohlmeyer, 229 Ind. 391 , 98 N.E.2d 896, 900 (1951) ("It is not error to instruct the jury that the violation of a statute is negligence per se, or negligence as a matter of law, when there is no evidence or permissible inference of any fact or facts which would tend to excuse such conduct."). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lee v. State
green
1 sentence2014The comments also state that the bracketed language was added to the pattern instructions in response to this court’s decision in Lee v. State, 964 N.E.2d 859 (Ind. Ct. App. 2012), trans. denied. | 1 | 2014–2014 |
Marcum v. State
green
1 sentence2013Id. 3 Likewise, here the prosecutor’s comments that defense counsel presented arguments that allowed guilty people to go free and that defense counsel’s argument was a trick suggest that defense counsel is deceptive and therefore cannot be trusted. | 1 | 2013–2013 |
Connerwood Healthcare, Inc. v. Estate of Herron
green
1 sentence2001(Hr'g Tr. at 67) ("If that's what it requires under the applicable law, yes, [The Department is] willing to [try 1536 cases).") Considering Jack Gray's expressed ability to join all potential claimants in one action and the Department's willingness to try 1586 cases, the Court concludes that joinder of all potential members is not impracticable under the Indiana joinder rules. 7 Cf. Connerwood, 683 N.E.2d at 1329 . (finding that class certification was appropriate since elderly nursing home residents could not individually protect their own interests.) The Court holds that Jack Gray has not me | 1 | 2001–2001 |
Winegeart v. State
green
1 sentence1999As the comments to that instruction observe, it was criticized in Winegeart v. State, 665 N.E.2d 893 (Ind.1996), and an alternative, which now appears as Instruction No. 1.15, was recommended by the majority of this Court. | 1 | 1999–1999 |
Estate of Forrester v. Dawalt
green
1 sentence1996Id. | 1 | 1996–1996 |
Kalady v. State
green
1 sentence1988Kalady v. State (1984), Ind., 462 N.E.2d 1299 . | 1 | 1988–1988 |
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.