remedy for a discovery violation (Indiana) · Go Syfert
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remedy for a discovery violation in Indiana

8 Indiana opinions name it 2 courts 1996–2018 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 (2)

CaseFollowedCited
Warren v. Stategreen
ind · 2000 · cited in 6 Indiana opinions naming this issue, 2006–2018
2 sentences

2018Furthermore, “[e]xclusion of evidence as a remedy for a discovery violation is only proper where there is a showing that the State’s actions were deliberate or otherwise reprehensible, and this conduct prevented the defendant from receiving a fair trial.” Warren, 725 N.E.2d at 832 . [9] In this case, it is undisputed that the State violated the trial court’s discovery order which directed the State to disclose its proposed exhibits, including “[a]ny record of prior criminal convictions of the accused . . . .” Corrected Appellant’s App., Vol. II at 19.

2015“Exclusion of evidence as a remedy for a discovery violation is only proper where there is a showing that the State’s actions were deliberate or otherwise reprehensible, and this conduct prevented the defendant from receiving a fair trial.” Id. (emphasis added).

26
Smith v. Stategreen
ind · 1998 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000Cliver, 666 N.E.2d at 64 ; Smith v. State, 702 N.E.2d 668, 675 (Ind.1998).

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
Cliver v. State green
ind · 1996
1 sentence

2000Cliver, 666 N.E.2d at 64 ; Smith v. State, 702 N.E.2d 668, 675 (Ind.1998).

12000–2000
Phillips v. State green
ind · 1990
2 sentences

1996Phillips v. State, 550 N.E.2d 1290 (Ind.1990), reh'g denied.

1996Phillips v. State, 550 N.E.2d 1290 (Ind.1990), reh'g denied.

11996–1996

Statutes the citing opinions construe

IN § Ind. Code § 35-42-1-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 13 (2015–2026) MO 9 (1986–2016) IN 8 (1996–2018) TX 4 (2024–2025) CO 3 (1991–2026) OH 2 (2013–2026) WY 2 (2009–2013) CA 2 (2014–2020)

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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