includes rule (Indiana) · Go Syfert
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includes rule in Indiana

9 Indiana opinions name it 3 courts 1904–2026 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 (9)

CaseFollowedCited
Harrington v. State Board of Tax Commissionersgreen
indtc · 1988 · cited in 3 Indiana opinions naming this issue, 2001–2004
2 sentences

2004This includes the requirement that "assessments be consistent with similar property of the same classification." Harrington v. State Bd. of Tax Comm'rs, 525 N.E.2d 360, 361 (Ind. Tax Ct.1988) (citing Inp.

2002This includes the requirement that "assessments be consistent with similar property of the same classification." Harrington v. State Bd. of Tax Comm'rs, 525 N.E.2d 360, 361 (Ind. Tax Ct.1988) (citing Inp.

33
Meredith v. Stategreen
ind · 2009 · cited in 2 Indiana opinions naming this issue, 2016–2026
2 sentences

2026“In criminal cases, this includes the rule of lenity—a rule that requires us to construe a penal statute strictly against the State while resolving any ambiguities in favor of the defendant.” Id. (citing Meredith v. State, 906 N.E.2d 867, 872 (Ind. 2009)). “[E]ven under this rule, we avoid construing a statute so narrowly ‘as to exclude cases they fairly cover.’” Id. (quoting Meredith, 906 N.E.2d at 872 ).

2026“In criminal cases, this includes the rule of lenity—a rule that requires us to construe a penal statute strictly against the State while resolving any ambiguities in favor of the defendant.” Id. (citing Meredith v. State, 906 N.E.2d 867, 872 (Ind. 2009)). “[E]ven under this rule, we avoid construing a statute so narrowly ‘as to exclude cases they fairly cover.’” Id. (quoting Meredith, 906 N.E.2d at 872 ).

22
GTE North Inc. v. State Board of Tax Commissionersgreen
indtc · 1994 · cited in 2 Indiana opinions naming this issue, 2001–2002
2 sentences

2002Constr., Art. 10, § 1); see also GTE North Inc. v. State Bd. of Tax Comm'rs, 634 N.E.2d 882, 886 (Ind. Tax Ct.1994). "[Wlhen, for any reason, [taxation] becomes discriminative between individuals of the class taxed, and selects some for an exceptional burden, the tax is deprived of the necessary element of legal equality, and becomes inadmissible." Smith, 63 N.E. at 27 (quoting Cooley, Tax'n, 169).

2001Const., Art. 10, § 1); see also GTE North Inc. v. State Bd. of Tax Comm'rs, 634 N.E.2d 882, 886 (Ind.Tax Ct.1994). "[When, for any reason, [taxation] becomes discriminative between individuals of the class taxed, and selects some for an exceptional burden, the tax is deprived of the necessary element of legal equality, and becomes inadmissible." Smith, 68 N.E. at 27 (quoting Cooley, Tax'n, 169).

22
Nicoson v. Stategreen
ind · 2010 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026“Ultimately, we presume the legislature intended for the statutory language to be applied in a logical manner consistent with the statute’s underlying policy and goals.” Id. (internal quotation marks omitted) (quoting Nicoson v. State, 938 N.E.2d 660, 663 (Ind. 2010)). [16] We conclude Indiana Code section 35-50-2-7(b) is unambiguous.

11
Cape v. Stategreen
ind · 1980 · cited in 1 Indiana opinions naming this issue, 2016–2016
2 sentences

2016Meredith v. State, 906 N.E.2d 867, 872 (Ind.2009) (noting that even under the rule of lenity, “statutes ‘are not to be overly narrowed so as to exclude cases they fairly cover’ ” (quoting Cape v. State, 272 Ind. 609, 613 , 400 N.E.2d 161, 164 (1980))).

2016Meredith v. State, 906 N.E.2d 867, 872 (Ind.2009) (noting that even under the rule of lenity, “statutes ‘are not to be overly narrowed so as to exclude cases they fairly cover’ ” (quoting Cape v. State, 272 Ind. 609, 613 , 400 N.E.2d 161, 164 (1980))).

11
Kubsch v. Stategreen
ind · 2007 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013This includes a requirement that the defendant “be advised of the potential pitfalls surrounding self-representation so that it is clear that he knows what he is doing and [that] his choice is made with eyes open.” Kubsch, 866 N.E.2d at 736 (citations and quotations omitted).

11
State ex rel. Lewis v. Smithgreen
ind · 1902 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002Constr., Art. 10, § 1); see also GTE North Inc. v. State Bd. of Tax Comm'rs, 634 N.E.2d 882, 886 (Ind. Tax Ct.1994). "[Wlhen, for any reason, [taxation] becomes discriminative between individuals of the class taxed, and selects some for an exceptional burden, the tax is deprived of the necessary element of legal equality, and becomes inadmissible." Smith, 63 N.E. at 27 (quoting Cooley, Tax'n, 169).

11
Bassett v. Nickersongreen
mass · 1903 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001Const., Art. 10, § 1); see also GTE North Inc. v. State Bd. of Tax Comm'rs, 634 N.E.2d 882, 886 (Ind.Tax Ct.1994). "[When, for any reason, [taxation] becomes discriminative between individuals of the class taxed, and selects some for an exceptional burden, the tax is deprived of the necessary element of legal equality, and becomes inadmissible." Smith, 68 N.E. at 27 (quoting Cooley, Tax'n, 169).

11
Gonzales v. Stategreen
ind · 1994 · cited in 1 Indiana opinions naming this issue, 1997–1997
1 sentence

1997Gonzales v. State, 642 N.E.2d 216, 217 (Ind.1994).

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
Michael Day v. State of Indiana green
ind · 2016
2 sentences

2026“In criminal cases, this includes the rule of lenity—a rule that requires us to construe a penal statute strictly against the State while resolving any ambiguities in favor of the defendant.” Id. (citing Meredith v. State, 906 N.E.2d 867, 872 (Ind. 2009)). “[E]ven under this rule, we avoid construing a statute so narrowly ‘as to exclude cases they fairly cover.’” Id. (quoting Meredith, 906 N.E.2d at 872 ).

2019"In criminal *1064 cases, this includes the rule of lenity-interpreting the statute in the defendant's favor as far as the language can reasonably support." Id. [21] Here, Adams' liberty was deprived, by his undisputed account, for between six and eight hours.

22019–2026
Horner v. Doe green
· 1848
1 sentence

1904Bank v. Hanna, 12 Ind. App. 240 , it is held that the presumption is that a court of general jurisdiction had jurisdiction of a person who seeks to set aside its decree, whether such decree contained a recital of jurisdictional facts or not, the court saying: “The court will be presumed to have done its duty, and this includes the presumption that all parties affected by said judgment and decree were properly before it, and were duly served with process.” In the early case of Horner v. Doe, 1 Ind. 130 , 48 Am.

11904–1904
Cole v. Allen neutral
ind · 1875
1 sentence

1904Dec. 355 , the court said: “That where the record discloses nothing upon the point, jurisdiction of the person and of the subject-matter will, the contrary not being proved, be presumed, in eases of domestic judgment of courts of general jurisdiction, where they come collaterally in question.” In the ease of Crane v. Kimmer, 77 Ind. 215 , the court said: “In the case of Cole v. Allen, 51 Ind. 122 , the record did not show that any process had been served, and there was no process appearing in the record; for which error the cause was reversed.

11904–1904
Crane v. Kimmer green
ind · 1881
1 sentence

1904Dec. 355 , the court said: “That where the record discloses nothing upon the point, jurisdiction of the person and of the subject-matter will, the contrary not being proved, be presumed, in eases of domestic judgment of courts of general jurisdiction, where they come collaterally in question.” In the ease of Crane v. Kimmer, 77 Ind. 215 , the court said: “In the case of Cole v. Allen, 51 Ind. 122 , the record did not show that any process had been served, and there was no process appearing in the record; for which error the cause was reversed.

11904–1904
First National Bank v. Hanna neutral
indctapp · 1895
1 sentence

1904Bank v. Hanna, 12 Ind. App. 240 , it is held that the presumption is that a court of general jurisdiction had jurisdiction of a person who seeks to set aside its decree, whether such decree contained a recital of jurisdictional facts or not, the court saying: “The court will be presumed to have done its duty, and this includes the presumption that all parties affected by said judgment and decree were properly before it, and were duly served with process.” In the early case of Horner v. Doe, 1 Ind. 130 , 48 Am.

11904–1904

Statutes the citing opinions construe

IN § Ind. Code § 6-1.1-2-2 (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

TX 25 (1997–2024) CA 20 (1979–2026) PA 16 (1936–2026) GA 15 (1976–2016) MI 12 (1997–2026) NC 12 (2004–2025) OH 10 (1991–2024) WA 10 (2002–2018) IN 9 (1904–2026) MO 8 (1975–2008) NJ 7 (1965–2025) NY 6 (1978–2024) NM 5 (1965–2022) IA 5 (1988–2022) SD 4 (1962–2024) TN 4 (1997–2016) CT 3 (1991–2023) IL 3 (2020–2025) KY 3 (1931–2016) NV 2 (1983–2013) AR 2 (2002–2003) NE 2 (1992–2017) VT 2 (2011–2011) MN 2 (2015–2015) ME 2 (2001–2025) CO 2 (2001–2015) MA 2 (2008–2026) HI 2 (2009–2017) UT 2 (2014–2017)

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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