offered instruction (Indiana) · Go Syfert
← Indiana issues

offered instruction in Indiana

9 Indiana opinions name it 2 courts 1901–2011 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 (3)

CaseFollowedCited
Schmidt v. Stategreen
indctapp · 2004 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011But it is well established that that right does not apply here: “a person who drives on Indiana’s roads has no right to consult with an attorney prior to deciding whether or not to submit to a chemical test administered under the Implied Consent *753 law, and the lack of such consultation does not affect the person’s refusal of the offered test.” Dalton v. State, 773 N.E.2d 332, 335 (Ind.Ct.App.2002), trans. denied; see also Schmidt v. State, 816 N.E.2d 925, 943-44 (Ind.Ct.App.2004) (“the purpose of the Pirtle doctrine would not be served by extending that doctrine to apply to chemical breath

11
Dalton v. Stategreen
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011But it is well established that that right does not apply here: “a person who drives on Indiana’s roads has no right to consult with an attorney prior to deciding whether or not to submit to a chemical test administered under the Implied Consent *753 law, and the lack of such consultation does not affect the person’s refusal of the offered test.” Dalton v. State, 773 N.E.2d 332, 335 (Ind.Ct.App.2002), trans. denied; see also Schmidt v. State, 816 N.E.2d 925, 943-44 (Ind.Ct.App.2004) (“the purpose of the Pirtle doctrine would not be served by extending that doctrine to apply to chemical breath

11
Zakhi v. Stategreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 2002–2002
2 sentences

2002Zakhi v. State, 560 N.E.2d 683, 686 (Ind.Ct.App.1990).

2002Zakhi v. State, 560 N.E.2d 683, 686 (Ind.Ct.App. 1990).

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 (8)

CaseCitedYears
Mercer v. Corbin green
ind · 1889
2 sentences

2002The court concluded that these cases were nothing more than a reflection of the general rule, "that from recklessness and wanton disregard of human life and safety, malice and criminal intent may be inferred." Id. at 453 , 20 N.E. at 133 . [4] The inclusion of an intentional battery instruction also would have misled the jury because the court offered the instruction that contributory negligence was a defense to the claimed action.

2002The court concluded that these cases were nothing more than a reflection of the general rule, "that from recklessness and wanton disregard of human life and safety, malice and criminal intent may be inferred." Id. at 453 , 20 N.E. at 133 . [4] The inclusion of an intentional battery instruction also would have misled the jury because the court offered the instruction that contributory negligence was a defense to the claimed action.

12002–2002
Wisconsin v. Constantineau green
scotus · 1971
2 sentences

1987The Supreme Court held, in Wisconsin v. Constantineau (1971), 400 U.S. 433 , 91 S.Ct. 507 , 27 LEd.2d 515, 8 that "where a person's good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential." Id. at 487 , 91 S.Ct. at 510 .

1987The Supreme Court held, in Wisconsin v. Constantineau (1971), 400 U.S. 433 , 91 S.Ct. 507 , 27 LEd.2d 515, 8 that "where a person's good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential." Id. at 487 , 91 S.Ct. at 510 .

11987–1987
Lewis v. Davis green
indctapp · 1980
1 sentence

1983Lewis v. Davis, (1980) Ind.App., 410 N.E.2d 1363 ; Southern Indiana Gas & Electric Co. v. Steinmetz, (1978) 177 Ind.App. 96 , 377 N.E.2d 1381 .

11983–1983
Southern Indiana Gas & Electric Co. v. Steinmetz green
indctapp · 1978
2 sentences

1983Lewis v. Davis, (1980) Ind.App., 410 N.E.2d 1363 ; Southern Indiana Gas & Electric Co. v. Steinmetz, (1978) 177 Ind.App. 96 , 377 N.E.2d 1381 .

1983Lewis v. Davis, (1980) Ind.App., 410 N.E.2d 1363 ; Southern Indiana Gas & Electric Co. v. Steinmetz, (1978) 177 Ind.App. 96 , 377 N.E.2d 1381 .

11983–1983
Hall v. State green
ind · 1980
1 sentence

1981Hall v. State, (1980) Ind., 405 N.E.2d 530 .

11981–1981
Johnson v. Mills neutral
indctapp · 1973
2 sentences

1974Accord: Johnson v. Mills (1973), 157 Ind. App. 620 , 301 N.E.2d 205 .

1974Accord: Johnson v. Mills (1973), 157 Ind. App. 620 , 301 N.E.2d 205 .

11974–1974
Dunn v. State green
ind · 1906
2 sentences

1973An instruction containing like language was condemned in Dunn v. State (1906), 166 Ind. 694 , 78 N. E. 198 .

1973An instruction containing like language was condemned in Dunn v. State (1906), 166 Ind. 694 , 78 N. E. 198 .

11973–1973
Callahan v. State neutral
ind · 1878
1 sentence

1901Callahan v. State, 63 Ind. 198 .

11901–1901

Where else courts name it

MT 64 (1912–2025) KY 57 (1914–2026) WY 49 (1930–2025) CA 48 (1884–2026) MO 18 (1920–2020) IL 17 (1896–2026) AR 10 (1968–1988) NY 9 (1971–2022) IN 9 (1901–2011) TX 8 (1984–2021) MD 7 (1983–2020) NV 6 (1957–1992) VA 6 (1927–2025) OK 5 (1929–1998) NE 5 (1912–1983) MS 5 (1994–1999) NM 5 (1980–2010) IA 5 (1914–1981) AZ 4 (1977–2018) NJ 4 (1999–2026) WV 4 (1987–2002) WI 4 (1995–2026) ID 4 (1916–2025) WA 4 (1970–1996) PA 3 (1953–2018) MA 2 (1970–2005) DC 2 (1974–2025) LA 2 (1985–1995) OR 2 (1977–2014) ND 2 (2004–2004)

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.

← Caselaw search · G Cite Topics · Brief Check