third part test (Indiana) · Go Syfert
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third part test in Indiana

9 Indiana opinions name it 2 courts 1920–2017 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Indiana.

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
Broecker v. State neutral
indctapp · 1974
2 sentences

1980The state claims that the instruction given adequately states the substantive law in this area and, therefore, defendant’s claim does not meet the third part of the test in Davis v. State, supra. The state cites Broecker v. State, (1974) 161 Ind. App. 206 , 314 N.E.2d 428 , as authority for the correctness of the instruction given in this case.

1980The state claims that the instruction given adequately states the substantive law in this area and, therefore, defendant’s claim does not meet the third part of the test in Davis v. State, supra. The state cites Broecker v. State, (1974) 161 Ind. App. 206 , 314 N.E.2d 428 , as authority for the correctness of the instruction given in this case.

21980–1980
Dinsmore v. Lake Elec. Co., Inc. green
indctapp · 1999
1 sentence

2017Id. at 1287 .

12017–2017
Seay v. State green
ind · 1998
1 sentence

2015Id. at 734 . [9] With regard to the third part of the analysis, we look to the instructions given by the trial court.

12015–2015
Ross v. State green
indctapp · 2007
1 sentence

2013Ross v. State, 877 N.E.2d 829 (Ind. Ct. App. 2007).

12013–2013
Webb v. State green
ind · 2012
1 sentence

2012Id.

12012–2012
Citizens Bank of Michigan City v. Hansom green
indctapp · 1986
1 sentence

1999If there is doubt as to intent, the property should be regarded as personal.” Hansom, supra at 584 .

11999–1999
Citizens Bank v. Mergenthaler Linotype Co. green
ind · 1940
2 sentences

1986Citizens Bank v. Mergenthaler Linotype Co. (1940), 216 Ind. 573 , 25 N.E.2d 444 . -It is the third part of the test which is controlling.

1986Citizens Bank v. Mergenthaler Linotype Co. (1940), 216 Ind. 573 , 25 N.E.2d 444 . -It is the third part of the test which is controlling.

11986–1986
Scherer v. State neutral
ind · 1919
2 sentences

1920In the case of Scherer v. State (1919), 188 Ind. 14 , 121 N. E. 369 , such an instruction was criticized but it was held the instruction was not so prejudicial to the rights of the defendant-as to warrant a reversal in that case.

1920In the case of Scherer v. State (1919), 188 Ind. 14 , 121 N. E. 369 , such an instruction was criticized but it was held the instruction was not so prejudicial to the rights of the defendant-as to warrant a reversal in that case.

11920–1920

Where else courts name it

IL 22 (1990–2017) GA 12 (1995–2025) OR 10 (1982–2015) IN 9 (1920–2017) NJ 9 (1991–2025) TX 8 (1994–2009) FL 7 (1990–2017) CT 6 (1992–2022) UT 6 (1999–2025) OH 6 (1998–2017) WI 5 (1980–2026) MI 5 (2001–2019) CO 4 (1988–2026) ME 4 (1993–2014) NM 3 (1998–1999) WA 3 (2013–2024) MN 3 (1993–2016) MA 3 (1976–2007) MD 3 (2008–2021) DC 2 (1992–2006) AZ 2 (2008–2008) NY 2 (2005–2009) CA 2 (2003–2025) NV 2 (2014–2021) AK 2 (1984–2005) KS 2 (2013–2020) OK 2 (2009–2018)

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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