Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
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.
| Case | Followed | Cited |
|---|---|---|
Swafford v. Stategreen2 sentences1991Swafford 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 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Williams v. State
green
2 sentences1985Terry, 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. | 3 | 1984–1985 |
Terry v. State
green
2 sentences1985Terry, 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. | 2 | 1984–1985 |
Wright v. State
green
1 sentence1998The 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 . | 1 | 1998–1998 |
Roddy v. State
green
2 sentences1991Swafford 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 ). | 1 | 1991–1991 |
Decker v. State
green
1 sentence1989Generally, 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 . | 1 | 1989–1989 |
Whipple v. State
green
1 sentence1989Id. | 1 | 1989–1989 |
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.
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.