evidence warrants instruction (Indiana) · Go Syfert
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evidence warrants instruction in Indiana

7 Indiana opinions name it 2 courts 1984–1998 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
Swafford v. Stategreen
ind · 1981 · cited in 1 Indiana opinions naming this issue, 1991–1991
2 sentences

1991Swafford v. State, (1981), Ind., 421 N.E.2d 596, 603 (citing Roddy v. State (1979), 182 Ind. App. 156 , 394 N.E.2d 1098 ).

1991Swafford v. State, (1981), Ind., 421 N.E.2d 596 , 603 {citing Roddy v. State (1979), 182 Ind.App. 156 , 394 N.E.2d 1098 ).

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 (6)

CaseCitedYears
Williams v. State green
ind · 1980
2 sentences

1985Terry, supra. The standard of whether or not the evidence warrants an instruction was set forth in Williams v. State (1980) 273 Ind. 105 , 402 N.E.2d 954 : "When the prosecution requests the instruction it seeks to avoid acquittal on the basis of evidence of simple voluntary consumption of alcohol.

1985Terry, supra. The standard of whether or not the evidence warrants an instruction was set forth in Williams v. State (1980) 273 Ind. 105 , 402 N.E.2d 954 : "When the prosecution requests the instruction it seeks to avoid acquittal on the basis of evidence of simple voluntary consumption of alcohol.

31984–1985
Terry v. State green
ind · 1984
2 sentences

1985Terry, supra. The standard of whether or not the evidence warrants an instruction was set forth in Williams v. State (1980) 273 Ind. 105 , 402 N.E.2d 954 : "When the prosecution requests the instruction it seeks to avoid acquittal on the basis of evidence of simple voluntary consumption of alcohol.

1984However, the potential of this defense should not be confused with the reality of the situation, Terry, supra. The standard of whether or not the evidence warrants an instruction on the defense of voluntary intoxication was set forth in Williams v. State, (1980) 273 Ind. 105 , 402 N.E.2d 954 : "When the prosecution requests the instruction it seeks to avoid acquittal on the basis of evidence of simple voluntary consumption of alcohol.

21984–1985
Wright v. State green
ind · 1995
1 sentence

1998The question thus becomes whether the evidence warrants an instruction on the lesser included offense, or whether there is “serious evidentiary dispute about the element or elements distinguishing the greater from the lesser offense, and if, in view of this dispute, a jury could conclude that the lesser offense was committed but not the greater.... ” Wright, 658 N.E.2d at 567 .

11998–1998
Roddy v. State green
indctapp · 1979
2 sentences

1991Swafford v. State, (1981), Ind., 421 N.E.2d 596 , 603 {citing Roddy v. State (1979), 182 Ind.App. 156 , 394 N.E.2d 1098 ).

1991Swafford v. State, (1981), Ind., 421 N.E.2d 596 , 603 {citing Roddy v. State (1979), 182 Ind.App. 156 , 394 N.E.2d 1098 ).

11991–1991
Decker v. State green
ind · 1988
1 sentence

1989Generally, that determination hinges on whether a serious evidentiary dispute exists with respect to the element which distinguishes the greater and lesser offenses. 528 N.E.2d at 1121 .

11989–1989
Whipple v. State green
ind · 1988
1 sentence

1989Id.

11989–1989

Statutes the citing opinions construe

IN § Ind. Code § 35-42-1-1 (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

CA 34 (1991–2026) AL 21 (1982–2025) MN 21 (1979–2006) SC 20 (1985–2023) LA 12 (1983–2026) MD 11 (1989–2024) GA 8 (1984–2017) IN 7 (1984–1998) FL 7 (2012–2017) IL 6 (1988–2020) NC 6 (1990–2011) MA 6 (1999–2018) MO 6 (1905–2014) OK 5 (1994–2024) OH 5 (1987–2004) PA 4 (1982–1987) KY 4 (2000–2025) TX 4 (1992–2014) UT 3 (1983–1990) WI 2 (1988–2018) OR 2 (2015–2015) VI 2 (2012–2024) MS 2 (2009–2010) NY 2 (1896–1896)

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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