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8 Indiana opinions name it 2 courts 1983–2020 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 |
|---|---|---|
Arizona v. Fulminantegreen2 sentences2020Coleman v. State, 750 N.E.2d 370, 374 (Ind. 2001) (citing Arizona v. Fulminante, 499 U.S. 279, 296, 306-12 (1991)). 2001See Arizona v. Fulminante, 499 U.S. 279, 296, 306-12 , 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991). | 2 | 2 |
Esquerdo v. Stategreen2 sentences2003Esquerdo v. State, 640 N.E.2d 1023, 1030 (Ind.1994). 2003Esquerdo v. State, 640 N.E.2d 1023, 1030 (Ind.1994). | 2 | 2 |
Coleman v. Stategreen1 sentence2020Coleman v. State, 750 N.E.2d 370, 374 (Ind. 2001) (citing Arizona v. Fulminante, 499 U.S. 279, 296, 306-12 (1991)). | 1 | 1 |
Sobolewski v. Stategreen1 sentence2013Although other panels of this Court have applied this standard in addition to a fundamental error analysis when the defendant failed to preserve the error, see Sobolewski v. State, 889 N.E.2d 849, 857 (Ind.Ct.App.2008), trans. denied, and Herron v. State, 801 N.E.2d 761, 766 (Ind.Ct.App.2004), our supreme court has stated that the *791 "mere fact that an alleged error implicates constitutional issues does not establish that fundamental error has occurred.” Baird v. State, 688 N.E.2d 911, 917 (Ind.1997); Wilson v. State, 514 N.E.2d 282, 284 (Ind.1987), cert. denied (1998). 6 . | 1 | 1 |
Herron v. Stategreen1 sentence2013Although other panels of this Court have applied this standard in addition to a fundamental error analysis when the defendant failed to preserve the error, see Sobolewski v. State, 889 N.E.2d 849, 857 (Ind.Ct.App.2008), trans. denied, and Herron v. State, 801 N.E.2d 761, 766 (Ind.Ct.App.2004), our supreme court has stated that the *791 "mere fact that an alleged error implicates constitutional issues does not establish that fundamental error has occurred.” Baird v. State, 688 N.E.2d 911, 917 (Ind.1997); Wilson v. State, 514 N.E.2d 282, 284 (Ind.1987), cert. denied (1998). 6 . | 1 | 1 |
Wilson v. Stategreen1 sentence2013Although other panels of this Court have applied this standard in addition to a fundamental error analysis when the defendant failed to preserve the error, see Sobolewski v. State, 889 N.E.2d 849, 857 (Ind.Ct.App.2008), trans. denied, and Herron v. State, 801 N.E.2d 761, 766 (Ind.Ct.App.2004), our supreme court has stated that the *791 "mere fact that an alleged error implicates constitutional issues does not establish that fundamental error has occurred.” Baird v. State, 688 N.E.2d 911, 917 (Ind.1997); Wilson v. State, 514 N.E.2d 282, 284 (Ind.1987), cert. denied (1998). 6 . | 1 | 1 |
Baird v. Stategreen1 sentence2013Although other panels of this Court have applied this standard in addition to a fundamental error analysis when the defendant failed to preserve the error, see Sobolewski v. State, 889 N.E.2d 849, 857 (Ind.Ct.App.2008), trans. denied, and Herron v. State, 801 N.E.2d 761, 766 (Ind.Ct.App.2004), our supreme court has stated that the *791 "mere fact that an alleged error implicates constitutional issues does not establish that fundamental error has occurred.” Baird v. State, 688 N.E.2d 911, 917 (Ind.1997); Wilson v. State, 514 N.E.2d 282, 284 (Ind.1987), cert. denied (1998). 6 . | 1 | 1 |
Hawkins v. Stategreen1 sentence1999Esquerdo v. State, 640 N.E.2d 1023, 1030 (Ind.1994) (citing *346 Hawkins v. State, 626 N.E.2d 436, 440 (Ind.1993)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
R.C. v. Indiana Department of Child Services
green
2 sentences2016“That is, we do not Court of Appeals of Indiana | Memorandum Decision 79A04-1506-JT-736 | May 20, 2016 Page 14 of 30 independently determine whether that heightened standard is met, as we would under the constitutional harmless error standard, which requires the reviewing court itself to be sufficiently confident to declare the error harmless beyond a reasonable doubt.” Id. (emphasis in original) (internal quotation marks omitted). 2016Our review must “give ‘due regard’ to the trial court’s opportunity to judge the credibility of the witnesses firsthand,” and “not set aside [its] findings or judgment unless clearly erroneous.” K.T.K., 989 N.E.2d at 1229 (citing Ind. Trial Rule 52(A)). [20] Indiana Code section 31-35-2-4(b)(2) provides that a petition to terminate parental rights of a child in need of services must, in pertinent part, allege the following: (A) that one (1) of the following is true: (i) The child has been removed from the parent for at least six (6) months under a dispositional decree. .... | 1 | 2016–2016 |
Ronald Dennis Fencl v. Gordon Abrahamson
green
2 sentences1988Fencl v. Abrahamson, 841 F.2d 760 (7th Cir.1988). 1988Fencl v. Abrahamson, 841 F.2d 760 (7th Cir.1988). | 1 | 1988–1988 |
Mincey v. Arizona
green
2 sentences1983Since we deal here with the use of statements challenged on Miranda grounds, Mincey v. Alabama, (1978) 437 U.S. 385 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 , does not bar this constitutional harmless error conclusion. 1983Since we deal here with the use of statements challenged on Miranda grounds, Mincey v. Alabama, (1978) 437 U.S. 385 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 , does not bar this constitutional harmless error conclusion. | 1 | 1983–1983 |
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.