evidence was fundamental error (Indiana) · Go Syfert
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evidence was fundamental error in Indiana

7 Indiana opinions name it 2 courts 1984–2019 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 (3)

CaseFollowedCited
Clematine Hollingsworth v. State of Indianagreen
indctapp · 2013 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019See Hollingsworth v. State, 987 N.E.2d 1096 , 1098–99 (Ind. Ct. App. 2013) (refusing to address whether claimed error was fundamental where defendant failed to provide any analysis of her claim of error within the context of the fundamental error rule), trans. denied. 12 It does appear, however, that Hunt was in custody, as he was placed in handcuffs immediately after opening the door to the motel room. 13 The use of a defendant’s post-arrest, post-Miranda warning silence is strictly prohibited, whether it is used as substantive evidence or for impeachment purposes.

11
Glotzbach v. Stategreen
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015Glotzbach v. State, 783 N.E.2d 1221, 1224 (Ind. Ct. App. 2003).

11
Mathews v. Stategreen
ind · 2006 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014As the Supreme Court has said, this narrow doctrine may lead to reversal where there has been a “blatant violation of basic principles, the harm or potential for harm is substantial, and the resulting error denies the defendant fundamental due process.” Mathews v. State, 849 N.E.2d 578, 587 (Ind.2006).

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 (5)

CaseCitedYears
Oldham v. State green
indctapp · 2002
2 sentences

2018Id. at 1174 . [25] Whittington also relies on Rhodes v. State, 771 N.E.2d 1246 (Ind. Ct. App. 2002), trans. denied.

2017Id. at 1174 . [18] Burris’ comparison of his case to Oldham is inapposite.

32016–2018
Rhodes v. State green
indctapp · 2002
1 sentence

2018Id. at 1174 . [25] Whittington also relies on Rhodes v. State, 771 N.E.2d 1246 (Ind. Ct. App. 2002), trans. denied.

12018–2018
Hovey v. Hovey neutral
indctapp · 2011
1 sentence

2015Our court determined, “[e]ven if we were to consider the [fundamental error] issue, we do not believe that the admission of the evidence was fundamental error.” Nemer v. State, No. 82A05-1012-CR-800, 952 N.E.2d 888 (Ind. Ct. App. August 25, 2011). [14] When a petitioner brings an ineffective assistance claim based on trial counsel’s failure to make an objection, the petitioner must demonstrate that the trial court would have sustained a proper objection and that failure to object resulted in prejudice.

12015–2015
Nelson v. State green
ind · 1980
1 sentence

1984Lacy v. State, (1982) Ind., 438 N.E.2d 968, 970 ; Nelson v. State, (1980) Ind., 409 N.E.2d 637, 638 .

11984–1984
Lacy v. State green
ind · 1982
1 sentence

1984Lacy v. State, (1982) Ind., 438 N.E.2d 968, 970 ; Nelson v. State, (1980) Ind., 409 N.E.2d 637, 638 .

11984–1984

Where else courts name it

IN 7 (1984–2019) TX 3 (1999–2011) FL 2 (2001–2005) OK 2 (1940–1953)

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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