7 Indiana opinions name it 2 courts 1937–2016 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Ciszkowskigreen1 sentence2016Bowman thus urges this Court to adopt the principle of “sentencing factor manipulation,” which has been recognized in certain federal courts, and which precludes sentence enhancement where “law enforcement officials, for the purpose of increasing the defendant’s sentence, engaged in conduct that was so outrageous or extraordinary as to violate the defendant’s right to due process of law.” Appellant’s Br. at 38-39 (citing, e.g., United States v. Ciszkowski, 492 F.3d 1264, 1271 (11th Cir.2007); United States v. Montoya, 62 F.3d 1, 4 (1st Cir.1995)). | 1 | 1 |
United States v. Montoyagreen1 sentence2016Bowman thus urges this Court to adopt the principle of “sentencing factor manipulation,” which has been recognized in certain federal courts, and which precludes sentence enhancement where “law enforcement officials, for the purpose of increasing the defendant’s sentence, engaged in conduct that was so outrageous or extraordinary as to violate the defendant’s right to due process of law.” Appellant’s Br. at 38-39 (citing, e.g., United States v. Ciszkowski, 492 F.3d 1264, 1271 (11th Cir.2007); United States v. Montoya, 62 F.3d 1, 4 (1st Cir.1995)). | 1 | 1 |
Kreski v. Modern Wholesale Electric Supply Co.green2 sentences1992See Kreski v. Modern Wholesale Electric Supply (1987), 429 Mich. 347 , 415 N.W.2d 178, 188 (considerations of fairness and public policy compelled the court to adopt the rule for Michigan). 1992See Kreski v. Modern Wholesale Electric Supply (1987), 429 Mich. 347 , 415 N.W.2d 178, 188 (considerations of fairness and public policy compelled the court to adopt the rule for Michigan). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wilson v. State
green
2 sentences1976This court disposed of this issue in Wilson v. State, (1970) 253 Ind. 585 at 592 , 255 N.E.2d 817 at 821-822: “Appellant suggests that this court adopt a principle whereby any restraint and transportation of the victim would be considered only as an integral part of the charge of rape and not as a separate charge of kidnapping. 1976This court disposed of this issue in Wilson v. State, (1970) 253 Ind. 585 at 592 , 255 N.E.2d 817 at 821-822: “Appellant suggests that this court adopt a principle whereby any restraint and transportation of the victim would be considered only as an integral part of the charge of rape and not as a separate charge of kidnapping. | 2 | 1976–1976 |
United States v. Frank Zielezinski
green
1 sentence1994Peters does not claim such a rule is constitutionally required, and indeed the cases and commentary following Hinton make clear that its mandate is not constitutional in nature but is rather an exercise of that court’s supervisory powers. 2 Garrett, 797 F.2d at 660 ; Zielezinski, 740 F.2d at 729 ; Yale Kamisar, et al., Modem Criminal Procedure 1041-42 n. d. (1980). | 1 | 1994–1994 |
United States v. Edward E. Garrett
green
1 sentence1994Peters does not claim such a rule is constitutionally required, and indeed the cases and commentary following Hinton make clear that its mandate is not constitutional in nature but is rather an exercise of that court’s supervisory powers. 2 Garrett, 797 F.2d at 660 ; Zielezinski, 740 F.2d at 729 ; Yale Kamisar, et al., Modem Criminal Procedure 1041-42 n. d. (1980). | 1 | 1994–1994 |
Jackson v. Virginia
red
2 sentences1991(Citation omitted).” Appellant urges this Court to adopt the standard of review of sufficiency of evidence under Jackson v. Virginia (1979), 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 . 1991(Citation omitted).” Appellant urges this Court to adopt the standard of review of sufficiency of evidence under Jackson v. Virginia (1979), 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 . | 1 | 1991–1991 |
Oates v. State
green
1 sentence1991However, this Court, as appellant admits, rejected this request in Oates v. State (1982), Ind., 429 N.E.2d 949 and Norris v. State (1981), 275 Ind. 608 , 419 N.E.2d 129 . | 1 | 1991–1991 |
Norris v. State
green
2 sentences1991However, this Court, as appellant admits, rejected this request in Oates v. State (1982), Ind., 429 N.E.2d 949 and Norris v. State (1981), 275 Ind. 608 , 419 N.E.2d 129 . 1991However, this Court, as appellant admits, rejected this request in Oates v. State (1982), Ind., 429 N.E.2d 949 and Norris v. State (1981), 275 Ind. 608 , 419 N.E.2d 129 . | 1 | 1991–1991 |
White v. State
neutral
2 sentences1976In White v. State, (1963) 244 Ind. 199 , 191 N.E.2d 486 , 1 Ind. Dec. 636 , this Court stated at page 204: “It may be that the penalty provided by the kidnapping statute is too great in view of the factual situation as herein delineated, and that the legislature should give some thought to an amendment of that statute, but that is a function of the legislature, not of this court.” In Wilson v. State, (1970) 253 Ind. 585, 592 , 255 N.E.2d 817 , 21 Ind. Dec. 1 , this Court addressed itself to essentially the same argument advanced by appellant here, and in so doing, stated: “Appellant suggests t 1976In White v. State, (1963) 244 Ind. 199 , 191 N.E.2d 486 , 1 Ind. Dec. 636 , this Court stated at page 204: “It may be that the penalty provided by the kidnapping statute is too great in view of the factual situation as herein delineated, and that the legislature should give some thought to an amendment of that statute, but that is a function of the legislature, not of this court.” In Wilson v. State, (1970) 253 Ind. 585, 592 , 255 N.E.2d 817 , 21 Ind. Dec. 1 , this Court addressed itself to essentially the same argument advanced by appellant here, and in so doing, stated: “Appellant suggests t | 1 | 1976–1976 |
Laclede National Bank v. Richardson
green
2 sentences1937Bank v. Richardson *251 (1900), 156 Mo. 270 , 56 S. W. 1117 , in Eppert v. Lowish, supra, page 236: “ ‘It devolves upon the pledgee in the exercise of the powers given under the pledge to so conduct the sale as not to sacrifice the securities held by him, and in the event the pledgee unfairly or unnecessarily prejudices the rights of the pledgor, the sale will be set aside.’ ” In the instant case, we fail to find any authority to sustain the contention of the appellants, and we do not think the reasons advanced by the appellants are sufficiently sound to justify this court to adopt a rule of l 1937Bank v. Richardson *251 (1900), 156 Mo. 270 , 56 S. W. 1117 , in Eppert v. Lowish, supra, page 236: “ ‘It devolves upon the pledgee in the exercise of the powers given under the pledge to so conduct the sale as not to sacrifice the securities held by him, and in the event the pledgee unfairly or unnecessarily prejudices the rights of the pledgor, the sale will be set aside.’ ” In the instant case, we fail to find any authority to sustain the contention of the appellants, and we do not think the reasons advanced by the appellants are sufficiently sound to justify this court to adopt a rule of l | 1 | 1937–1937 |
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.