constitutionality standard (Indiana) · Go Syfert
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constitutionality standard in Indiana

10 Indiana opinions name it 2 courts 1895–2012 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.

Followed or applied (2)

CaseFollowedCited
Matter of Paternity of ARRgreen
indctapp · 1994 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002This general rule also applies to the constitutionality of a statute."); Matter of A.R.R, 634 N.E.2d 786, 791 (Ind.Ct.App. 1994) (determining that it may not consider a challenge to the constitutionality of the standard for modification of custody in Indiana's paternity statute because this issue was not presented to the trial court and "[qluestions regarding the constitutionality of a statute must be raised in the trial court before the filing of the motion to correct errors"); Hopster v. Burgeson, 750 N.E.2d 841, 847-48 (Ind.Ct.App.2001) (observing that challenge to constitutionality of a me

11
Hopster v. Burgesongreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002This general rule also applies to the constitutionality of a statute."); Matter of A.R.R, 634 N.E.2d 786, 791 (Ind.Ct.App. 1994) (determining that it may not consider a challenge to the constitutionality of the standard for modification of custody in Indiana's paternity statute because this issue was not presented to the trial court and "[qluestions regarding the constitutionality of a statute must be raised in the trial court before the filing of the motion to correct errors"); Hopster v. Burgeson, 750 N.E.2d 841, 847-48 (Ind.Ct.App.2001) (observing that challenge to constitutionality of a me

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 (9)

CaseCitedYears
Cadle Co. II, Inc. v. Overton green
indctapp · 2006
1 sentence

2012Id.

12012–2012
Bivins v. State green
ind · 1995
2 sentences

1995We have repeatedly affirmed the constitutionality of this standard, most recently in Bivins, 642 N.E.2d at 945-46 . f.

1995We have repeatedly affirmed the constitutionality of this standard, most recently in Bivins, 642 N.E.2d at 945-46 . f.

11995–1995
Piwowar v. Washington Lumber & Coal Co. green
indctapp · 1980
2 sentences

1994The constitutionality of this rule was upheld in Piwowar v. Washington Lumber and Coal Co. (1980), Ind.App., 405 N.E.2d 576 .

1994The constitutionality of this rule was upheld in Piwowar v. Washington Lumber and Coal Co. (1980), Ind. App., 405 N.E.2d 576 .

11994–1994
Hall v. State green
indctapp · 1990
1 sentence

1990In Hall v. State (1990), Ind.App., 560 N.E.2d 561 , this court, in holding the "presumption" did not violate constitutional principles, described the presumption in IC 9-11-4-15(b) as permissive "in the sense that the [factfinder] may accept or reject it and is not compelled to find the presumed fact even if the defendant does not come forward with evidence to rebut the presumption." Hall at 562-68 .

11990–1990
State v. Lugar green
indctapp · 1979
1 sentence

1980Williams, supra. Their arguments, however, as to the constitutionality of the immunity section of the Indiana Tort Claims Act were properly preserved for appeal; we will address them.

11980–1980
City of Mishawaka v. Stewart green
ind · 1974
2 sentences

1976Due process objections are premised upon our decision in City of Mishawaka v. Stewart, (1974) 261 Ind. 670 , 310 N.E.2d 65 .

1976Due process objections are premised upon our decision in City of Mishawaka v. Stewart, (1974) 261 Ind. 670 , 310 N.E.2d 65 .

11976–1976
Clemons v. State green
indctapp · 1974
2 sentences

1976Imel’s contentions that the waiver statute is void for vagueness, violative of due process, and an illegal delegation of powers were recently rejected by this court in Clemons v. State (1974), 162 Ind. App. 50 , 317 N.E.2d 859 , trf. den., cert. den., and need not be reconsidered here.

1976Imel’s contentions that the waiver statute is void for vagueness, violative of due process, and an illegal delegation of powers were recently rejected by this court in Clemons v. State (1974), 162 Ind. App. 50 , 317 N.E.2d 859 , trf. den., cert. den., and need not be reconsidered here.

11976–1976
Haas v. South Bend Community School Corporation green
ind · 1972
1 sentence

1976In passing upon the constitutionality of such rule, our Supreme Court, at 524, 526 of 259 Ind., at 500 -501 of 289 N.E.2d, stated: “It is first argued that the rule is necessary to protect girls’ athletic programs.

11976–1976
Dowell v. Talbot Paving Co. green
ind · 1894
1 sentence

1895The constitutionality of the clause in the statute authorizing the recovery of a reasonable attorney’s fee in actions to foreclose assessment liens for street improvements was settled adversely to appellant in Dowell v. Talbot Paving Co., 138 Ind. 675 .

11895–1895

Where else courts name it

TX 46 (1975–2025) CA 44 (1939–2018) IL 40 (1919–2023) PA 40 (1911–2017) FL 34 (1971–2026) NY 31 (1923–2024) LA 24 (1942–2023) WA 22 (1972–2024) MN 22 (1960–2016) MO 15 (1878–2018) OH 13 (1935–2022) CO 12 (1981–2024) AZ 11 (1966–2019) CT 11 (1984–2017) TN 11 (1979–2022) MA 11 (1975–2008) IN 10 (1895–2012) IA 10 (1974–2025) MS 9 (1975–2010) UT 9 (1981–2022) NJ 9 (1964–1990) MD 9 (1962–2014) OR 8 (1958–2026) MI 8 (1975–2021) NC 8 (1915–2001) VA 7 (1980–2024) GA 7 (1944–2022) OK 7 (1973–2015) NV 6 (1999–2021) ID 6 (1976–1997) AL 5 (1976–2000) WI 4 (1980–2003) WV 4 (1965–1995) AK 4 (1969–2013) ND 4 (1984–2008) KS 4 (1975–2018) KY 3 (2004–2021) DC 3 (1981–2021) HI 3 (1930–1993) MT 3 (1973–2006) AR 2 (2001–2014) SC 2 (1952–1952) NE 2 (2002–2016) ME 2 (1980–2002)

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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