otherwise procedurally defaulted claim (Indiana) · Go Syfert
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otherwise procedurally defaulted claim in Indiana

8 Indiana opinions name it 2 courts 2012–2024 1 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 (1)

CaseFollowedCited
Jewell v. Stategreen
ind · 2008 · cited in 8 Indiana opinions naming this issue, 2012–2024
2 sentences

2024Father, however, concedes that he did not object to any of the evidence and contends that the trial court committed fundamental error by admitting the evidence. [45] “On rare occasions, appellate courts may analyze an issue under the fundamental error doctrine to examine an otherwise procedurally defaulted claim.” Eq.W., 124 N.E.3d at 1214 . “[T]his review is extremely narrow and ‘available only when the record reveals a clearly blatant violation of basic and elementary principles, where the harm or potential for harm cannot be denied, and which violation is so prejudicial to the rights of the

2016Consequently, Cherry’s new arguments on appeal are waived. [25] “Appellate courts may, on rare occasions, resort to the fundamental error exception to address on direct appeal an otherwise procedurally defaulted claim.” Jewell v. State, 887 N.E.2d 939, 942 (Ind. 2008).

68

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 (1)

CaseCitedYears
In the Matter of Eq.W., M.W., A.W., S.W., and Ez.W. (Minor Children) V.B. (Mother) v. Indiana Department of Child Services green
ind · 2019
2 sentences

2024Father, however, concedes that he did not object to any of the evidence and contends that the trial court committed fundamental error by admitting the evidence. [45] “On rare occasions, appellate courts may analyze an issue under the fundamental error doctrine to examine an otherwise procedurally defaulted claim.” Eq.W., 124 N.E.3d at 1214 . “[T]his review is extremely narrow and ‘available only when the record reveals a clearly blatant violation of basic and elementary principles, where the harm or potential for harm cannot be denied, and which violation is so prejudicial to the rights of the

2024Father, however, concedes that he did not object to any of the evidence and contends that the trial court committed fundamental error by admitting the evidence. [45] “On rare occasions, appellate courts may analyze an issue under the fundamental error doctrine to examine an otherwise procedurally defaulted claim.” Eq.W., 124 N.E.3d at 1214 . “[T]his review is extremely narrow and ‘available only when the record reveals a clearly blatant violation of basic and elementary principles, where the harm or potential for harm cannot be denied, and which violation is so prejudicial to the rights of the

12024–2024

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