assumption underlying defense (Indiana) · Go Syfert
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assumption underlying defense in Indiana

7 Indiana opinions name it 2 courts 1981–1999 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 (1)

CaseFollowedCited
Johnson v. Stategreen
ind · 1992 · cited in 4 Indiana opinions naming this issue, 1998–1999
2 sentences

1999The basic assumption underlying the defense is that drug and alcohol intoxication may be so severe as to prevent a person from forming a criminal intent, yet not so severe as to prevent that person from performing acts required to commit the crime. 584 N.E.2d 1092, 1099-1100 (Ind.1992), cert. denied 506 U.S. 853 , 113 S.Ct. 155 , 121 L.Ed.2d 105 (1992) (internal citations omitted).

1999The basic assumption underlying the defense is that drug and alcohol intoxication may be so severe as to prevent a person from forming a criminal intent, yet not so severe as to prevent that person from performing acts required to commit the crime. 584 N.E.2d 1092, 1099-1100 (Ind.1992) (citations omitted), cert. denied, 506 U.S. 853 , 113 S.Ct. 155 , 121 L.Ed.2d 105 (1992).

44

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 (6)

CaseCitedYears
Johnson v. Indiana green
scotus · 1992
2 sentences

1999The basic assumption underlying the defense is that drug and alcohol intoxication may be so severe as to prevent a person from forming a criminal intent, yet not so severe as to prevent that person from performing acts required to commit the crime. 584 N.E.2d 1092, 1099-1100 (Ind.1992), cert. denied 506 U.S. 853 , 113 S.Ct. 155 , 121 L.Ed.2d 105 (1992) (internal citations omitted).

1999The basic assumption underlying the defense is that drug and alcohol intoxication may be so severe as to prevent a person from forming a criminal intent, yet not so severe as to prevent that person from performing acts required to commit the crime. 584 N.E.2d 1092, 1099-1100 (Ind.1992) (citations omitted), cert. denied, 506 U.S. 853 , 113 S.Ct. 155 , 121 L.Ed.2d 105 (1992).

31998–1999
Johnson v. Indiana green
scotus · 1992
2 sentences

1999The basic assumption underlying the defense is that drug and alcohol intoxication may be so severe as to prevent a person from forming a criminal intent, yet not so severe as to prevent that person from performing acts required to commit the crime. 584 N.E.2d 1092, 1099-1100 (Ind.1992), cert. denied 506 U.S. 853 , 113 S.Ct. 155 , 121 L.Ed.2d 105 (1992) (internal citations omitted).

1999The basic assumption underlying the defense is that drug and alcohol intoxication may be so severe as to prevent a person from forming a criminal intent, yet not so severe as to prevent that person from performing acts required to commit the crime. 584 N.E.2d 1092, 1099-1100 (Ind.1992) (citations omitted), cert. denied, 506 U.S. 853 , 113 S.Ct. 155 , 121 L.Ed.2d 105 (1992).

21999–1999
Street v. State green
ind · 1991
1 sentence

1992Street v. State (1991), Ind., 567 N.E.2d 102 ; Shackleford v. State (1976), 264 Ind. 698 , 349 N.E.2d 150 .

11992–1992
Shackelford v. State green
ind · 1976
2 sentences

1992Street v. State (1991), Ind., 567 N.E.2d 102 ; Shackleford v. State (1976), 264 Ind. 698 , 349 N.E.2d 150 .

1992Street v. State (1991), Ind., 567 N.E.2d 102 ; Shackleford v. State (1976), 264 Ind. 698 , 349 N.E.2d 150 .

11992–1992
Sering v. State green
indctapp · 1986
1 sentence

1991Sering v. State (1986), Ind.App., 488 N.E.2d 369, 374 .

11991–1991
Whalen v. United States green
scotus · 1980
2 sentences

1981Accordingly, where two statutory provisions proscribe the ‘same offense,’ they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent. ...” Whalen, supra, 445 U.S. at 691-92 , 100 S.Ct. at 1438 , 63 L.Ed.2d at 723-24 .

1981Accordingly, where two statutory provisions proscribe the ‘same offense,’ they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent. ...” Whalen, supra, 445 U.S. at 691-92 , 100 S.Ct. at 1438 , 63 L.Ed.2d at 723-24 .

11981–1981

Statutes the citing opinions construe

IN § Ind. Code § 35-42-1-1 (4) IN § Ind. Code § 35-50-2-9 (4) IN § Ind. Code § 35-34-1-12 (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

IN 7 (1981–1999) PA 5 (1983–2018) NM 3 (1978–2011) IL 3 (2011–2015) DE 2 (1986–1991) FL 2 (1990–1998) TX 2 (2006–2008) ID 2 (2008–2017) NJ 2 (1978–1997) VA 2 (2010–2018)

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.

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