evidence raises the strong presumption (Indiana) · Go Syfert
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evidence raises the strong presumption in Indiana

8 Indiana opinions name it 1 courts 1992–2020 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.

Followed or applied (3)

CaseFollowedCited
Matzat v. Matzatgreen
indctapp · 2006 · cited in 5 Indiana opinions naming this issue, 2008–2020
2 sentences

2020Scales v. Scales, 891 N.E.2d 1116, 1120 (Ind. Ct. App. 2008) (quoting Matzat v. Matzat, 854 N.E.2d 918, 920 (Ind. Ct. App. 2006)). [12] According to Husband, after the dissolution decree was entered, Husband discovered that Wife removed $16,379.00 from the Lake City Joint Account in violation of the trial court’s provisional order.

2012In order to prevail on a motion to correct error based on newly discovered evidence, a party must do as follows: demonstrate that the evidence could not have been discovered and produced at trial with reasonable diligence; that the evidence is material, relevant, and not merely cumulative or impeaching; that the evidence is not incompetent; that he exercised due diligence to discover the evidence in time for the final hearing; that the evidence is worthy of credit; and, that the evidence raises the strong presumption that a different result would have been reached upon retrial. 3 Matzat v. Mat

55
Scales v. Scalesgreen
indctapp · 2008 · cited in 2 Indiana opinions naming this issue, 2019–2020
2 sentences

2020Scales v. Scales, 891 N.E.2d 1116, 1120 (Ind. Ct. App. 2008) (quoting Matzat v. Matzat, 854 N.E.2d 918, 920 (Ind. Ct. App. 2006)). [12] According to Husband, after the dissolution decree was entered, Husband discovered that Wife removed $16,379.00 from the Lake City Joint Account in violation of the trial court’s provisional order.

2019Scales, 891 N.E.2d at 1120 (citing Matzat v. Matzat, 854 N.E.2d 918, 920 (Ind. Ct. App. 2006)).

12
Laudig v. MARION CTY. BD. OF VOTERS REG.green
indctapp · 1992 · cited in 1 Indiana opinions naming this issue, 2006–2006
2 sentences

2006See Laudig v. Marion County Bd. of Voters Registration, 585 N.E.2d 700, 712 (Ind.Ct.App.1992). *920 To prevail on a motion to correct error based on newly discovered evidence, John needed to demonstrate that the evidence could not have been discovered and produced at trial with reasonable diligence; that the evidence is material, relevant, and not merely cumulative or impeaching; that the evidence is not incompetent; that he exercised due diligence to discover the evidence in time for the final hearing; that the evidence is worthy of credit; and, that the evidence raises the strong presumption

2006Id.

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
Wiles v. State green
ind · 1982
2 sentences

1992Wiles v. State (1982), Ind., 437 N.E.2d 35 ; Bubb v. State (1982), Ind.App., 434 N.E.2d 120 .

1992Wiles v. State (1982), Ind., 437 N.E.2d 35 ; Bubb v. State (1982), Ind. App., 434 N.E.2d 120 .

21992–1992
Bubb v. State green
indctapp · 1982
2 sentences

1992Wiles v. State (1982), Ind., 437 N.E.2d 35 ; Bubb v. State (1982), Ind.App., 434 N.E.2d 120 .

1992Wiles v. State (1982), Ind., 437 N.E.2d 35 ; Bubb v. State (1982), Ind. App., 434 N.E.2d 120 .

21992–1992

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