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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.
| Case | Followed | Cited |
|---|---|---|
Schmidt v. Stategreen1 sentence2011But 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 | 1 | 1 |
Dalton v. Stategreen1 sentence2011But 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 | 1 | 1 |
Zakhi v. Stategreen2 sentences2002Zakhi 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mercer v. Corbin
green
2 sentences2002The 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. | 1 | 2002–2002 |
Wisconsin v. Constantineau
green
2 sentences1987The 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 . | 1 | 1987–1987 |
Lewis v. Davis
green
1 sentence1983Lewis 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 . | 1 | 1983–1983 |
Southern Indiana Gas & Electric Co. v. Steinmetz
green
2 sentences1983Lewis 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 . | 1 | 1983–1983 |
Hall v. State
green
1 sentence1981Hall v. State, (1980) Ind., 405 N.E.2d 530 . | 1 | 1981–1981 |
Johnson v. Mills
neutral
2 sentences1974Accord: 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 . | 1 | 1974–1974 |
Dunn v. State
green
2 sentences1973An 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 . | 1 | 1973–1973 |
Callahan v. State
neutral
1 sentence1901Callahan v. State, 63 Ind. 198 . | 1 | 1901–1901 |
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.