venue instruction (Indiana) · Go Syfert
← Indiana issues

venue instruction in Indiana

8 Indiana opinions name it 2 courts 1983–2025 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 (5)

CaseFollowedCited
United States v. Joseph George Massagreen
ca7 · 1982 · cited in 2 Indiana opinions naming this issue, 2000–2011
2 sentences

2011However, “[e]ven when venue turns on issues of fact, ... a trial judge may refuse to instruct the jury on venue if it presents no genuine issue.” Id. (quoting United States v. Massa, 686 F.2d 526, 530 (7th Cir.1982) (“[W]here venue is not in issue, no court has ever held that a venue instruction must be given.”)).

2011However, "[e]ven when venue turns on issues of fact, ... a trial judge may refuse to instruct the jury on venue if it presents no genuine issue." Id. (quoting United States v. Massa, 686 F.2d 526, 530 (7th Cir.1982) ("[W]here venue is not in issue, no court has ever held that a venue instruction must be given.")).

22
State Ex Rel. Knowles v. Elkhart Circuit Courtgreen
ind · 1971 · cited in 1 Indiana opinions naming this issue, 2025–2025
1 sentence

2025Knowles v. Elkhart Cir. Ct., 268 N.E.2d 79, 80 (Ind. 1971).

11
Scalf v. Stategreen
indctapp · 1981 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020See Scalf v. State, 424 N.E.2d 1084, 1086 (Ind. Ct. App. 1981) (explaining that a venue challenge is not within the purview of Trial Rule 50(A)(5) because venue is a “collateral matter” and not an element of a crime).

11
Frank H. Monroe Heating & Cooling, Inc. v. Ridergreen
indctapp · 1983 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001See Monroe Heating & Cooling, 450 N.E.2d at 1057 .

11
Dudley v. Stategreen
ind · 1985 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000Cf. Dudley v. State, 480 N.E.2d 881, 903 (Ind.1985) (holding that the trial court’s instruction to jurors that it had already determined venue as a matter of law did not invade the province of the jury), habeas relief den’d, 693 F.Supp. 727 (N.D.Ind.1986), judgment rev’d on other grounds, 854 F.2d 967 (7th Cir.1988).

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 (5)

CaseCitedYears
Dreyer & Reinbold, Inc. v. Leib green
indctapp · 2004
2 sentences

2012“Thus, venue in a small claims proceeding is proper: (1) where the transaction or occurrence actually took place; (2) where the obligation was incurred or is to be performed; or (3) where one of the defendants resides or has his or her place of employment at the time the complaint is filed.” Dreyer & Reinbold, Inc. v. Leib, 811 N.E.2d at 860-61 .

2012“Thus, venue in a small claims proceeding is proper: (1) where the transaction or occurrence actually took place; (2) where the obligation was incurred or is to be performed; or (3) where one of the defendants resides or has his or her place of employment at the time the complaint is filed.” Dreyer & Reinbold, Inc. v. Leib, 811 N.E.2d at 860-61 .

22012–2012
Cutter v. State green
ind · 2000
2 sentences

2011However, “[e]ven when venue turns on issues of fact, ... a trial judge may refuse to instruct the jury on venue if it presents no genuine issue.” Id. (quoting United States v. Massa, 686 F.2d 526, 530 (7th Cir.1982) (“[W]here venue is not in issue, no court has ever held that a venue instruction must be given.”)).

2011However, "[e]ven when venue turns on issues of fact, ... a trial judge may refuse to instruct the jury on venue if it presents no genuine issue." Id. (quoting United States v. Massa, 686 F.2d 526, 530 (7th Cir.1982) ("[W]here venue is not in issue, no court has ever held that a venue instruction must be given.")).

12011–2011
McKinley Dudley v. Jack Duckworth, Warden, and Indiana Attorney General green
ca7 · 1988
1 sentence

2000Cf. Dudley v. State, 480 N.E.2d 881, 903 (Ind.1985) (holding that the trial court’s instruction to jurors that it had already determined venue as a matter of law did not invade the province of the jury), habeas relief den’d, 693 F.Supp. 727 (N.D.Ind.1986), judgment rev’d on other grounds, 854 F.2d 967 (7th Cir.1988).

12000–2000
Dudley v. Duckworth neutral
innd · 1986
1 sentence

2000Cf. Dudley v. State, 480 N.E.2d 881, 903 (Ind.1985) (holding that the trial court’s instruction to jurors that it had already determined venue as a matter of law did not invade the province of the jury), habeas relief den’d, 693 F.Supp. 727 (N.D.Ind.1986), judgment rev’d on other grounds, 854 F.2d 967 (7th Cir.1988).

12000–2000
Indiana High School Athletic Ass'n v. Raike Ex Rel. Minneman green
indctapp · 1975
2 sentences

1983Against an improper venue challenge the court said: “While the venue thus obtained (Marion County) may not have been to Rushville’s liking, it could be considered preferred venue within the meaning of Trial Rule 75(A)(4) ... as one of the two defendants had its principal office in Marion County.” (Footnote omitted.) 164 Ind.App. at 190 , 329 N.E.2d 66 .

1983Against an improper venue challenge the court said: “While the venue thus obtained (Marion County) may not have been to Rushville’s liking, it could be considered preferred venue within the meaning of Trial Rule 75(A)(4) ... as one of the two defendants had its principal office in Marion County.” (Footnote omitted.) 164 Ind.App. at 190 , 329 N.E.2d 66 .

11983–1983

Statutes the citing opinions construe

IN § Ind. Code § 35-32-2-1 (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

TX 291 (1917–2026) FL 77 (1957–2026) LA 37 (1962–2025) PA 35 (1974–2025) CA 25 (1964–2025) MS 24 (1986–2025) NY 23 (1943–2024) IL 21 (1957–2025) OH 18 (1972–2026) AL 17 (1981–2018) MI 14 (1987–2023) OR 14 (1980–2026) WA 14 (1950–2021) MO 13 (1899–2024) GA 12 (1992–2025) WI 9 (1969–2025) AZ 9 (1977–2021) IN 8 (1983–2025) VA 6 (2006–2025) KS 6 (2005–2022) CT 6 (1982–2017) MN 6 (2009–2026) NE 5 (2000–2019) IA 5 (1977–2023) MA 5 (1977–2002) MD 5 (1978–2013) SC 5 (1989–2018) OK 4 (1929–2014) MT 4 (1958–2009) NJ 4 (1979–2008) WV 4 (1988–2021) NM 4 (1981–2019) CO 3 (1982–2011) UT 3 (1997–2023) NH 2 (1994–2007) ND 2 (1978–2010) SD 2 (1993–2020) NC 2 (2013–2024) TN 2 (1985–2015) AR 2 (1931–2016) AK 2 (2002–2018)

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.

← Caselaw search · G Cite Topics · Brief Check