challenged portion instruction (Indiana) · Go Syfert
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challenged portion instruction in Indiana

7 Indiana opinions name it 2 courts 1991–2015 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
Geiger v. Stategreen
indctapp · 1999 · cited in 2 Indiana opinions naming this issue, 2002–2015
2 sentences

2015Tr. pp. 2847-48). “[G]eneral instructions as to the State’s burden and the defendant’s presumption of innocence are not enough to cure any infirmity in the challenged portion of the instruction.” Geiger v. State, 721 N.E.2d 891, 895-96 (Ind. Ct. App. 1999) (citing Francis, 471 U.S. at 319 ).

2002"However, citing Francis, we found that general instructions as to the State's burden and the defendant's presumption of innocence are not enough to cure any infirmity in the challenged portion of the instruction." Id. at 896 .

12

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 (4)

CaseCitedYears
Francis v. Franklin green
scotus · 1985
2 sentences

2015Tr. pp. 2847-48). “[G]eneral instructions as to the State’s burden and the defendant’s presumption of innocence are not enough to cure any infirmity in the challenged portion of the instruction.” Geiger v. State, 721 N.E.2d 891, 895-96 (Ind. Ct. App. 1999) (citing Francis, 471 U.S. at 319 ).

2015The Court also pointed out that the challenged portion of the instruction “must be considered in the context of the charge as a whole.” Id. at 315 .

61991–2015
Johnson v. State green
indctapp · 2005
1 sentence

2015Accordingly, as the jury instruction was constitutionally defective, the issue was clearly stronger than the issues raised by appellate counsel on direct appeal. [28] Nonetheless, even though Kirby’s appellate counsel’s choice in appellate issues was not reasonable, Kirby did not demonstrate “a reasonable probability that, but for counsel’s error, the result of the proceeding would have been different.” Johnson, 832 N.E.2d at 996 .

12015–2015
In Re WINSHIP green
scotus · 1970
1 sentence

1991Id. citing Sandstrom v. Montana (1979), 442 U.S. 510, 520-24 , 99 S.Ct. 2450, 2457-59 , 61 L.Ed.2d 39 . 3 To ascertain whether the Constitution has been violated by the use of an eviden-tiary presumption, the court must determine whether the challenged portion of the instruction creates a mandatory presumption or merely a permissive inference.

11991–1991
Sandstrom v. Montana green
scotus · 1979
2 sentences

1991Id. citing Sandstrom v. Montana (1979), 442 U.S. 510, 520-24 , 99 S.Ct. 2450, 2457-59 , 61 L.Ed.2d 39 . 3 To ascertain whether the Constitution has been violated by the use of an eviden-tiary presumption, the court must determine whether the challenged portion of the instruction creates a mandatory presumption or merely a permissive inference.

1991Id. citing Sandstrom v. Montana (1979), 442 U.S. 510, 520-24 , 99 S.Ct. 2450, 2457-59 , 61 L.Ed.2d 39 . 3 To ascertain whether the Constitution has been violated by the use of an eviden-tiary presumption, the court must determine whether the challenged portion of the instruction creates a mandatory presumption or merely a permissive inference.

11991–1991

Where else courts name it

CA 20 (1958–2026) CT 13 (2000–2016) IN 7 (1991–2015) MA 5 (2012–2025) OK 3 (1939–1957) WA 2 (2017–2021) MO 2 (1921–1985)

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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