exemption exception (Indiana) · Go Syfert
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exemption exception in Indiana

9 Indiana opinions name it 3 courts 1980–2016 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.

Followed or applied (4)

CaseFollowedCited
Elliott v. Stategreen
indctapp · 1982 · cited in 3 Indiana opinions naming this issue, 1985–2015
2 sentences

2015Also, this court has specifically addressed the issue in Elliott v. State, 435 N.E.2d 302 (Ind.Ct.App.1982), in which we explained that “it is not unconstitutional for a statute to impose the burden of proof upon a defendant for proof of an issue where the issue is not an element of the crime” that “proof of the presence of a license to carry a handgun is an exemption or exception to, and not an element of, the crime of carrying a handgun without a license,” and that the statutory scheme is constitutional. 435 N.E.2d at 304-305 .

2015Also, this court has specifically addressed the issue in Elliott v. State, 435 N.E.2d 302 (Ind.Ct.App.1982), in which we explained that “it is not unconstitutional for a statute to impose the burden of proof upon a defendant for proof of an issue where the issue is not an element of the crime” that “proof of the presence of a license to carry a handgun is an exemption or exception to, and not an element of, the crime of carrying a handgun without a license,” and that the statutory scheme is constitutional. 435 N.E.2d at 304-305 .

13
Chemical Waste Management, Inc. v. Stategreen
alacivapp · 1987 · cited in 1 Indiana opinions naming this issue, 1990–1990
1 sentence

1990See Chemical Waste Management, Inc. v. State (1987), Ala. App., 512 So.2d 115, 116-17 ; Ethyl Corp. v. Adams (1977), Me., 375 A.2d 1065, 1074 .

11
Whirlpool Corp. v. State Board of Tax Commissionersgreen
indctapp · 1975 · cited in 1 Indiana opinions naming this issue, 1987–1987
2 sentences

1987The taxpayer argued that the "Board, by its actions in 1965, 1966, 1967 and 1968 has acquiesced in the exemption and was therefore estopped to deny it in 1969." Id., 338 N.E.2d at 506 (emphasis added).

1987The taxpayer argued that the "Board, by its actions in 1965, 1966, 1967 and 1968 has acquiesced in the exemption and was therefore estopped to deny it in 1969." Id., 338 N.E.2d at 506 (emphasis added).

11
Turner Transportation, Inc. v. Indiana Employment Security Boardgreen
indctapp · 1983 · cited in 1 Indiana opinions naming this issue, 1987–1987
1 sentence

1987See Turner Transp., 448 N.E.2d at 303 .

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 (5)

CaseCitedYears
Harris v. State green
ind · 1999
1 sentence

2016“Thus, proof of the presence of a license to carry a handgun is an exemption or exception to, and not an element of the crime of carrying a handgun without a license.” Id. [6] At the close of the State’s evidence, Webster moved for involuntary dismissal arguing that the State failed to prove that he possessed the handgun in a place other *922 than his dwelling, property, or fixed place of business.

12016–2016
Brian Majors v. Marsha Abell green
ca7 · 2003
1 sentence

2003The web site referred to by the Seventh Circuit in Majors, 317 F.3d at 721 , www.in.gov/sos/pdfs/Disclaim.pdf (Revised May 2002), is incorrect to the extent it suggests that all of the matters discussed apply equally to both candidate and public question elections.

12003–2003
Ethyl Corp. v. Adams green
me · 1977
1 sentence

1990See Chemical Waste Management, Inc. v. State (1987), Ala. App., 512 So.2d 115, 116-17 ; Ethyl Corp. v. Adams (1977), Me., 375 A.2d 1065, 1074 .

11990–1990
Saunders v. Saunders green
wis · 1943
2 sentences

1981Saunders v. Saunders, (1943) 243 Wis. 94, 95 , 9 N.W.2d 629, 629-30 .

1981Saunders v. Saunders, (1943) 243 Wis. 94, 95 , 9 N.W.2d 629, 629-30 .

11981–1981
Johnson v. Hoxsie green
ri · 1897
1 sentence

1980As also stated in Brown University v. Granger, supra, 36 A. at 721 : “In view of the provisions of the charter above set out, the first question which logically presents itself is whether the exemption clause thereof is broad enough to include the land in question.

11980–1980

Where else courts name it

CA 76 (1893–2026) PA 39 (1930–2019) IL 38 (1874–2023) NJ 37 (1900–2025) NY 32 (1892–2024) TX 30 (1925–2019) WA 27 (1895–2025) OH 23 (1926–2026) FL 20 (1882–2024) AL 20 (1884–2004) MI 19 (1931–2023) AR 18 (1898–2024) MD 17 (1929–2016) OK 15 (1929–2023) CT 14 (1912–2026) TN 14 (1877–2018) MO 13 (1893–2009) OR 12 (1916–2022) NM 11 (1941–2015) LA 11 (1936–2007) MA 10 (1930–2012) IA 9 (1928–2025) IN 9 (1980–2016) NC 9 (1921–2016) VA 8 (1912–2016) RI 8 (1897–2008) GA 8 (1935–2022) MS 8 (1995–2016) KS 8 (1895–2022) CO 7 (1906–2015) WV 7 (1960–2026) NE 7 (1922–2024) MT 7 (1929–2021) MN 6 (1877–1996) UT 6 (1991–2024) WI 6 (1928–2023) VT 5 (1929–2005) NV 4 (1977–2017) DC 4 (1976–2024) KY 4 (1921–2017) ME 3 (2004–2016) SD 3 (1894–1989) SC 3 (1988–2024) PR 2 (1929–1950) WY 2 (1987–2004) HI 2 (1893–1985) ID 2 (1958–2014) DE 2 (1995–2021)

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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