evidence constituted fundamental error (Indiana) · Go Syfert
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evidence constituted fundamental error in Indiana

8 Indiana opinions name it 1 courts 1994–2016 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 (7)

CaseFollowedCited
Spivey v. Stategreen
ind · 2002 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016Court of Appeals of Indiana | Memorandum Decision 20A03-1506-CR-758| April 19, 2016 Page 8 of 18 establish only one or even several, but not all, of the essential elements of a second offense.” Spivey v. State, 761 N.E.2d 831, 833 (Ind. 2002).

11
Southward v. Stategreen
indctapp · 2011 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015Southward v. State, 957 N.E.2d 975, 978 (Ind. Ct. App. 2011).

11
Troxell v. Stategreen
ind · 2002 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015Troxell v. State, 778 N.E.2d 811, 814 (Ind. 2002). [11] To establish fundamental error, the defendant must show that the alleged errors constitute blatant violations of due process and are so prejudicial to the defendant’s rights that a fair trial is impossible.

11
Terry v. Ohiogreen
scotus · 1968 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014See Terry, 392 U.S. at 27 ; Shinault v. State, 668 N.E.2d 274, 276 (Ind. Ct. App. 1996).

11
Shinault v. Stategreen
indctapp · 1996 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014See Terry, 392 U.S. at 27 ; Shinault v. State, 668 N.E.2d 274, 276 (Ind. Ct. App. 1996).

11
Lewis v. Stategreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012See Lewis v. State, 755 N.E.2d 1116, 1122 (Ind. Ct. App. 2001) (failure to make a contemporaneous objection to the admission of evidence at trial results in waiver of the error on appeal). 6 Davis now attempts to avoid waiver by claiming that the admission of the evidence constituted fundamental error.

11
Butler v. Stategreen
indctapp · 1993 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996Butler v. State, 622 N.E.2d 1035, 1041 (Ind.Ct.App.1993), reh. denied, trans. denied (failure to raise an objection at trial results in waiver). *976 Abdul-Musawwir attempts to circumvent this waiver by arguing that the admission of the evidence constituted fundamental error.

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 (2)

CaseCitedYears
Stewart v. State green
indctapp · 1991
1 sentence

2005First, we observe that the purpose of the contemporaneous objection rule "is to promote fair trial by precluding a party from sitting idly by and appearing to assent to an offer of evidence or ruling by the court only to ery foul when the outcome goes against him." Stewart, 567 N.E.2d at 174 .

12005–2005
Steelman v. State green
indctapp · 1992
1 sentence

1994Id. at 157-58 .

11994–1994

Where else courts name it

IN 8 (1994–2016) AZ 2 (1996–2017)

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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