constitutionally compelled rule (Indiana) · Go Syfert
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constitutionally compelled rule in Indiana

7 Indiana opinions name it 2 courts 2000–2015 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 (4)

CaseFollowedCited
Barber v. Pagegreen
scotus · 1968 · cited in 2 Indiana opinions naming this issue, 2011–2011
2 sentences

2011Basing its conclusion on precedent, the plurality categorized the right of confrontation as a “trial right.” Id. (emphasis in original) (citing California v. Green, 399 U.S. 149, 157 , 90 S.Ct. 1930 , 26 L.Ed.2d 489 (1970) (“[I]t is this literal right to ‘confront’ the witness at the time of trial that forms the core of the values furthered by the Confrontation Clause[.]”); Barber v. Page, 390 U.S. 719, 725 , 88 S.Ct. 1318 , 20 L.Ed.2d 255 (1968) (“The right to confrontation is basically a trial right[.]”)).

2011Basing its conclusion on precedent, the plurality categorized the right of confrontation as a “trial right.” Id. (emphasis in original) (citing California v. Green, 399 U.S. 149, 157 , 90 S.Ct. 1930 , 26 L.Ed.2d 489 (1970) (“[I]t is this literal right to ‘confront’ the witness at the time of trial that forms the core of the values furthered by the Confrontation Clause[.]”); Barber v. Page, 390 U.S. 719, 725 , 88 S.Ct. 1318 , 20 L.Ed.2d 255 (1968) (“The right to confrontation is basically a trial right[.]”)).

22
California v. Greenred
scotus · 1970 · cited in 2 Indiana opinions naming this issue, 2011–2011
2 sentences

2011Basing its conclusion on precedent, the plurality categorized the right of confrontation as a “trial right.” Id. (emphasis in original) (citing California v. Green, 399 U.S. 149, 157 , 90 S.Ct. 1930 , 26 L.Ed.2d 489 (1970) (“[I]t is this literal right to ‘confront’ the witness at the time of trial that forms the core of the values furthered by the Confrontation Clause[.]”); Barber v. Page, 390 U.S. 719, 725 , 88 S.Ct. 1318 , 20 L.Ed.2d 255 (1968) (“The right to confrontation is basically a trial right[.]”)).

2011Basing its conclusion on precedent, the plurality categorized the right of confrontation as a “trial right.” Id. (emphasis in original) (citing California v. Green, 399 U.S. 149, 157 , 90 S.Ct. 1930 , 26 L.Ed.2d 489 (1970) (“[I]t is this literal right to ‘confront’ the witness at the time of trial that forms the core of the values furthered by the Confrontation Clause[.]”); Barber v. Page, 390 U.S. 719, 725 , 88 S.Ct. 1318 , 20 L.Ed.2d 255 (1968) (“The right to confrontation is basically a trial right[.]”)).

22
Rubalcada v. Stategreen
ind · 2000 · cited in 3 Indiana opinions naming this issue, 2010–2015
2 sentences

2015As both Indiana and federal courts have noted, “the Confrontation Clause is not a constitutionally compelled rule of pretrial discovery,” but instead “only guarantees an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.” Moore v. State, 839 N.E.2d 178, 184 (Ind.Ct.App.2005) (quoting Rubalcada v. State, 731 N.E.2d 1015, 1021 (Ind.2000), in turn quoting Pennsylvania v. Ritchie, 480 U.S. 39, 52-53 , 107 S.Ct. 989 , 94 L.Ed.2d 40 (1987)) (emphasis in original) (internal citations and quotations omit

2010Id. at 1021 (citing Ritchie, 480 U.S. at 52 , 107 S.Ct. 989 ).

13
Moore v. Stategreen
indctapp · 2005 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015As both Indiana and federal courts have noted, “the Confrontation Clause is not a constitutionally compelled rule of pretrial discovery,” but instead “only guarantees an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.” Moore v. State, 839 N.E.2d 178, 184 (Ind.Ct.App.2005) (quoting Rubalcada v. State, 731 N.E.2d 1015, 1021 (Ind.2000), in turn quoting Pennsylvania v. Ritchie, 480 U.S. 39, 52-53 , 107 S.Ct. 989 , 94 L.Ed.2d 40 (1987)) (emphasis in original) (internal citations and quotations omit

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
Pennsylvania v. Ritchie green
scotus · 1987
2 sentences

2015As both Indiana and federal courts have noted, “the Confrontation Clause is not a constitutionally compelled rule of pretrial discovery,” but instead “only guarantees an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.” Moore v. State, 839 N.E.2d 178, 184 (Ind.Ct.App.2005) (quoting Rubalcada v. State, 731 N.E.2d 1015, 1021 (Ind.2000), in turn quoting Pennsylvania v. Ritchie, 480 U.S. 39, 52-53 , 107 S.Ct. 989 , 94 L.Ed.2d 40 (1987)) (emphasis in original) (internal citations and quotations omit

2015As both Indiana and federal courts have noted, “the Confrontation Clause is not a constitutionally compelled rule of pretrial discovery,” but instead “only guarantees an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.” Moore v. State, 839 N.E.2d 178, 184 (Ind.Ct.App.2005) (quoting Rubalcada v. State, 731 N.E.2d 1015, 1021 (Ind.2000), in turn quoting Pennsylvania v. Ritchie, 480 U.S. 39, 52-53 , 107 S.Ct. 989 , 94 L.Ed.2d 40 (1987)) (emphasis in original) (internal citations and quotations omit

72000–2015
State ex rel. Fogle v. Carlisle green
ohio · 2003
1 sentence

2005As for his argument that the trial court's ruling violated his right to confrontation under the Sixth Amendment to the United States Constitution, 3 we note that the Confrontation Clause "is not a constitutionally compelled rule of pretrial discovery." Ru-balcada v. State, 781 N.E.2d 1015 , 1021 (Ind.2000) (citing Pennsylvania v. Ritchie, 480 U.S. 39, 52 , 107 S.Ct. 989 , 94 L.Ed.2d 40 (1987)).

12005–2005

Statutes the citing opinions construe

IN § Ind. Code § 35-37-6-1 (4) IN § Ind. Code § 35-37-6-1.5 (4) IN § Ind. Code § 35-37-6-11 (4) IN § Ind. Code § 35-37-6-5 (4) IN § Ind. Code § 35-37-6-9 (4) IN § Ind. Code § 25-23.6-6-1 (3) IN § Ind. Code § 25-33-1-17 (3) IN § Ind. Code § 35-37-6-3.5 (3) IN § Ind. Code § 5-2-4-6 (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

CO 9 (2005–2025) OH 8 (1994–2026) IN 7 (2000–2015) CA 5 (1989–2015) PA 4 (1987–2014) WA 3 (2010–2017) SD 3 (2016–2024) NV 3 (2017–2017) AL 2 (1994–1999) MS 2 (1998–1998) TX 2 (1991–2005) MN 2 (1989–2016)

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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