dual inquiry (Indiana) · Go Syfert
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dual inquiry in Indiana

10 Indiana opinions name it 2 courts 1975–2020 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
State v. Isaacsgreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017“When a defendant seeks or acquiesces in a delay, the time limitations set by Criminal Rule 4 are extended by the length of the delay.” State v. Isaacs, 757 N.E.2d 166, 168 (Ind. Ct. App. 2001), trans. denied. [10] We employ a dual standard of review on appeal from Crim.

11
In Re Philip Kelley Goin, D/B/A Kelley's Auto Supply, Debtor. Philip Kelley Goin, D/B/A Kelley's Auto Supply v. Donna Jo Rivesgreen
ca10 · 1987 · cited in 1 Indiana opinions naming this issue, 1998–1998
1 sentence

1998As we stated in [In re Goin, 808 F.2d 1391, 1392 (10th Cir.1987) (emphasis in original) ], “a bankruptcy court must look beyond the language of the decree to the intent of the parties and the substance of the obligation” to determine whether the obligation is actually in the nature of alimony, maintenance or support_ Thus, whether an obligation is nondisehargeable under 523(a)(5) is a dual inquiry into both the parties’s intent and the substance of the obligation.

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
Maldonado v. State green
ind · 1976
2 sentences

1988To determine whether prosecutorial misconduct deprived a defendant of a fair trial, this court established the dual analysis *981 set forth in Maldonado v. State (1976), 265 Ind. 492, 498-99 , 355 N.E.2d 843, 848 .

1988To determine whether prosecutorial misconduct deprived a defendant of a fair trial, this court established the dual analysis *981 set forth in Maldonado v. State (1976), 265 Ind. 492, 498-99 , 355 N.E.2d 843, 848 .

21986–1988
Barker v. Wingo green
scotus · 1972
1 sentence

2020The first Barker factor, the length of delay, involves a dual inquiry and acts as the gateway to a full speedy trial analysis. 407 U.S. at 530–31.

12020–2020
Clem v. Christole, Inc. green
ind · 1991
2 sentences

1993We used a similar dual inquiry in Clem v. Christole, Inc. (1991), Ind., 582 N.E.2d 780, 784 . (application of statute would "represent[ ] a considerable impairment" of "values identified in our Indiana Constitution" and therefore impermissible). .

1993We used a similar dual inquiry in Clem v. Christole, Inc. (1991), Ind., 582 N.E.2d 780, 784 . (application of statute would "represent[] a considerable impairment" of "values identified in our Indiana Constitution" and therefore impermissible). [8] In Whited v. State (1971), 256 Ind. 386 , 269 N.E.2d 149 , the defendant's "tirade" against an officer was similar to the one at issue here.

11993–1993
Whited v. State green
ind · 1971
2 sentences

1993We used a similar dual inquiry in Clem v. Christole, Inc. (1991), Ind., 582 N.E.2d 780, 784 . (application of statute would "represent[] a considerable impairment" of "values identified in our Indiana Constitution" and therefore impermissible). [8] In Whited v. State (1971), 256 Ind. 386 , 269 N.E.2d 149 , the defendant's "tirade" against an officer was similar to the one at issue here.

1993We used a similar dual inquiry in Clem v. Christole, Inc. (1991), Ind., 582 N.E.2d 780, 784 . (application of statute would "represent[] a considerable impairment" of "values identified in our Indiana Constitution" and therefore impermissible). [8] In Whited v. State (1971), 256 Ind. 386 , 269 N.E.2d 149 , the defendant's "tirade" against an officer was similar to the one at issue here.

11993–1993
Xpert Automation Systems, Corp. v. Vibromatic Co. green
indctapp · 1991
1 sentence

1993Amoco urges that the Court of Appeals distorted the clear meaning of “not being readily ascertainable” by endorsing a dual standard which requires the plaintiff to show that (1) it would be economically infeasible for the defendants to acquire the same information through other means and (2) there is evidence indicating that the information at issue could not have been created by any means other than plaintiff’s business operations. *917 The economic infeasibility standard is one of recent Indiana judicial creation, first appearing in Xpert, where it was asserted that an injunction protecting

11993–1993
General Outdoor Advertising Co. v. Lasalle Realty Corp. green
indctapp · 1966
2 sentences

1980The Appellate Court established a dual test for the measure of tortious damage to real property; if the damage is permanent, then damages are to be the difference between the value of the property before the damage was incurred, and the value after; if the damage is non-permanent, then damages are to be in the amount of the cost of repair. 141 Ind.App. at 265 , 218 N.E.2d at 150 .

1980The Appellate Court established a dual test for the measure of tortious damage to real property; if the damage is permanent, then damages are to be the difference between the value of the property before the damage was incurred, and the value after; if the damage is non-permanent, then damages are to be in the amount of the cost of repair. 141 Ind.App. at 265 , 218 N.E.2d at 150 .

11980–1980
Minifie v. Rowley green
cal · 1921
2 sentences

1976Powell Parent and Subsidiary Corporations (1931). [40] Additional factors may consist of inadequate capital structure of the subsidiary, parent's payment of the subsidiary's expenses, and the subsidiary's assets provided solely by the parent. [41] For an analysis of the approach taken by other courts in this area, including the factors which they found sufficient to apply the instrumentality rule, see Annot., 7 A.L.R.3d 1343 , §§ 4, 5, 9, (1966) and 18 Am.Jur.2d 531, § 15-18. [42] In comparison the California court in Minifie v. Rowley, 187 Cal. 481 , 202 P. 673 (1921), also set up a dual stan

1976Powell Parent and Subsidiary Corporations (1931). [40] Additional factors may consist of inadequate capital structure of the subsidiary, parent's payment of the subsidiary's expenses, and the subsidiary's assets provided solely by the parent. [41] For an analysis of the approach taken by other courts in this area, including the factors which they found sufficient to apply the instrumentality rule, see Annot., 7 A.L.R.3d 1343 , §§ 4, 5, 9, (1966) and 18 Am.Jur.2d 531, § 15-18. [42] In comparison the California court in Minifie v. Rowley, 187 Cal. 481 , 202 P. 673 (1921), also set up a dual stan

11976–1976
Mottley v. State of Indiana green
ind · 1935
2 sentences

1975Dissette v. Dissette (1935), 208 Ind. 567 , 196 N.E. 684 .

1975Dissette v. Dissette (1935), 208 Ind. 567 , 196 N.E. 684 .

11975–1975
Dissette v. Dissette green
ind · 1935
2 sentences

1975Dissette v. Dissette (1935), 208 Ind. 567 , 196 N.E. 684 .

1975Dissette v. Dissette (1935), 208 Ind. 567 , 196 N.E. 684 .

11975–1975

Where else courts name it

IL 127 (1976–2023) LA 96 (1970–2022) ID 59 (1985–2026) TX 48 (1977–2023) NY 37 (1896–2025) CA 37 (1960–2026) MI 36 (1976–2025) PA 29 (1982–2023) OH 24 (1963–2023) KS 23 (1982–2022) WA 21 (1970–2021) MA 18 (1967–2025) WY 17 (1974–2018) FL 17 (1973–2018) MD 14 (1975–2026) MT 13 (1967–2022) UT 12 (1938–2017) IA 11 (1976–2021) MN 10 (1933–2013) IN 10 (1975–2020) MO 9 (1975–1995) SC 8 (2023–2026) NJ 8 (1979–2022) NM 7 (1990–2008) AZ 6 (1979–2014) OR 6 (1973–2026) DC 6 (1989–2021) KY 6 (1986–2022) TN 6 (2000–2026) CO 5 (1982–2016) GA 5 (1964–2024) DE 5 (1987–2019) HI 5 (2005–2022) OK 5 (1990–2011) NH 4 (1985–2015) NC 4 (2005–2022) MS 3 (1972–1991) WI 3 (2003–2015) ME 2 (1979–1983) CT 2 (1992–2009) ND 2 (1992–2002)

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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