impairment defense (Indiana) · Go Syfert
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impairment defense in Indiana

7 Indiana opinions name it 2 courts 1937–2019 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 (4)

CaseFollowedCited
Lahr v. Stategreen
indctapp · 1993 · cited in 2 Indiana opinions naming this issue, 1997–1998
2 sentences

1998See Lahr , 615 N.E.2d at 153 (citing Barker , 407 U.S. at 532 ).

1997See Lahr, 615 N.E.2d at 153 (citing Barker, 407 U.S. at 532 , 92 S.Ct. at 2193 ).

22
Barker v. Wingogreen
scotus · 1972 · cited in 2 Indiana opinions naming this issue, 1997–1998
2 sentences

1998See Lahr , 615 N.E.2d at 153 (citing Barker , 407 U.S. at 532 ).

1997See Lahr, 615 N.E.2d at 153 (citing Barker, 407 U.S. at 532 , 92 S.Ct. at 2193 ).

22
Price v. Stategreen
ind · 1993 · cited in 2 Indiana opinions naming this issue, 2013–2015
2 sentences

2015“If the expression, viewed in context, is ambiguous, it is not political speech, and we evaluate the constitutionality of the impairment under standard rationality review.” Id. (quoting Whittington, 669 N.E.2d at 1370 ).

2013Freedom Fund, 959 N.E.2d at 805 (quoting Whittington, 669 N.E.2d at 1370 ) (emphasis added); see also Price, 622 N.E.2d at 964 (“[T]reating as abuse political speech which does not harm any particular individual (‘public nuisance’) does amount to a material burden, but holding that sanctioning expression which inflicts upon determinable parties harm of a gravity analogous to that required under tort law does not.”). 18 “Thus, determining whether a statute imposes a material burden . . . may involve two components: ‘magnitude of the impairment’ analysis and ‘particularized harm’ analysis.” Econ

12
Barnes v. Stategreen
ind · 2011 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Barnes v. State, 946 N.E.2d 572, 577 (Ind. 2011), adhered to on reh’g, 953 N.E.2d 473 (Ind. 2011). [23] At the bench trial, Officer Jellison testified that during the arrest, Murphy challenged the validity of the warrant.

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
Whittington v. State green
ind · 1996
2 sentences

2015“If the expression, viewed in context, is ambiguous, it is not political speech, and we evaluate the constitutionality of the impairment under standard rationality review.” Id. (quoting Whittington, 669 N.E.2d at 1370 ).

2013Freedom Fund, 959 N.E.2d at 805 (quoting Whittington, 669 N.E.2d at 1370 ) (emphasis added); see also Price, 622 N.E.2d at 964 (“[T]reating as abuse political speech which does not harm any particular individual (‘public nuisance’) does amount to a material burden, but holding that sanctioning expression which inflicts upon determinable parties harm of a gravity analogous to that required under tort law does not.”). 18 “Thus, determining whether a statute imposes a material burden . . . may involve two components: ‘magnitude of the impairment’ analysis and ‘particularized harm’ analysis.” Econ

22013–2015
Barnes v. State green
ind · 2011
1 sentence

2019Barnes v. State, 946 N.E.2d 572, 577 (Ind. 2011), adhered to on reh’g, 953 N.E.2d 473 (Ind. 2011). [23] At the bench trial, Officer Jellison testified that during the arrest, Murphy challenged the validity of the warrant.

12019–2019
State v. Economic Freedom Fund green
ind · 2011
2 sentences

2013Freedom, Fund, 959 N.E.2d at 806 .

2013Freedom Fund, 959 N.E.2d at 805 (quoting Whittington, 669 N.E.2d at 1370 ) (emphasis added); see also Price, 622 N.E.2d at 964 (“[T]reating as abuse political speech which does not harm any particular individual (‘public nuisance’) does amount to a material burden, but holding that sanctioning expression which inflicts upon determinable parties harm of a gravity analogous to that required under tort law does not.”). 18 “Thus, determining whether a statute imposes a material burden . . . may involve two components: ‘magnitude of the impairment’ analysis and ‘particularized harm’ analysis.” Econ

12013–2013
Harrell v. State green
indctapp · 1993
1 sentence

1998Defendant contends that he suffered a “presumptive prejudice” as described in Harrell v. State, 614 N.E.2d 959 (Ind.Ct.App.1993), or at least a palpable prejudice.

11998–1998
Bronson v. Kinzie green
scotus · 1843
2 sentences

1937This doctrine, beginning with Bronson v. Kizie, 1 How. 311 , 11 L.

1937This doctrine, beginning with Bronson v. Kizie, 1 How. 311 , 11 L.

11937–1937

Where else courts name it

TX 23 (1941–2025) MI 20 (1936–2026) NM 13 (1989–2022) GA 12 (1986–2024) CA 10 (1973–2024) MO 10 (2015–2024) MT 9 (1984–2026) WA 9 (1991–2025) NY 8 (1901–2026) MD 8 (1975–2019) IN 7 (1937–2019) WY 6 (2014–2022) PA 6 (1964–1999) FL 5 (1986–2013) OR 5 (1992–2008) KS 4 (2010–2025) LA 4 (1959–2004) TN 4 (1981–1999) UT 4 (2011–2022) SC 3 (2006–2007) IL 3 (1978–2020) WI 3 (1957–2010) RI 3 (1975–2005) CT 3 (2019–2020) MN 2 (1981–2011) OH 2 (1969–2004) MS 2 (2011–2015) AL 2 (1934–1995) CO 2 (2001–2004)

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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