7 Indiana opinions name it 2 courts 1976–2023 3 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 |
|---|---|---|
United States v. James Bushertgreen2 sentences2023I cannot embrace the rule announced today principally because it is not “adequate to preserve the defendant’s rights.” See United States v. Bushert, 997 F.2d 1343, 1353 (11th Cir. 1993) (adopting the remedy of severing the invalid waiver). 2023I cannot embrace the rule announced today principally because it is not “adequate to preserve the defendant’s rights.” See United States v. Bushert, 997 F.2d 1343, 1353 (11th Cir. 1993) (adopting the remedy of severing the invalid waiver). | 2 | 2 |
Penson v. Ohiogreen2 sentences1990See U.S. v. Allen (1990 10th Cir.), 895 F.2d 1577 , citing Penson v. Ohio, (1988), 488 U.S. 75 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (harmless error analysis does not apply to invalid waivers of counsel) and Satterwhite v. Texas (1988), 486 U.S. 249 , 108 S.Ct. 1792 , 100 L.Ed.2d 284 , (fundamental importance of assistance of counsel does not cease as the prosecuto-rial process moves from the trial even to the appellate stages). . - Dowell involved a question of pre-trial waiver, rather than waiver at the sentencing stage. 1990See U.S. v. Allen (1990 10th Cir.), 895 F.2d 1577 , citing Penson v. Ohio, (1988), 488 U.S. 75 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (harmless error analysis does not apply to invalid waivers of counsel) and Satterwhite v. Texas (1988), 486 U.S. 249 , 108 S.Ct. 1792 , 100 L.Ed.2d 284 , (fundamental importance of assistance of counsel does not cease as the prosecuto-rial process moves from the trial even to the appellate stages). . - Dowell involved a question of pre-trial waiver, rather than waiver at the sentencing stage. | 1 | 1 |
United States v. Lewis D. Allengreen1 sentence1990See U.S. v. Allen (1990 10th Cir.), 895 F.2d 1577 , citing Penson v. Ohio, (1988), 488 U.S. 75 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (harmless error analysis does not apply to invalid waivers of counsel) and Satterwhite v. Texas (1988), 486 U.S. 249 , 108 S.Ct. 1792 , 100 L.Ed.2d 284 , (fundamental importance of assistance of counsel does not cease as the prosecuto-rial process moves from the trial even to the appellate stages). . - Dowell involved a question of pre-trial waiver, rather than waiver at the sentencing stage. | 1 | 1 |
Satterwhite v. Texasgreen2 sentences1990See U.S. v. Allen (1990 10th Cir.), 895 F.2d 1577 , citing Penson v. Ohio, (1988), 488 U.S. 75 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (harmless error analysis does not apply to invalid waivers of counsel) and Satterwhite v. Texas (1988), 486 U.S. 249 , 108 S.Ct. 1792 , 100 L.Ed.2d 284 , (fundamental importance of assistance of counsel does not cease as the prosecuto-rial process moves from the trial even to the appellate stages). . - Dowell involved a question of pre-trial waiver, rather than waiver at the sentencing stage. 1990See U.S. v. Allen (1990 10th Cir.), 895 F.2d 1577 , citing Penson v. Ohio, (1988), 488 U.S. 75 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (harmless error analysis does not apply to invalid waivers of counsel) and Satterwhite v. Texas (1988), 486 U.S. 249 , 108 S.Ct. 1792 , 100 L.Ed.2d 284 , (fundamental importance of assistance of counsel does not cease as the prosecuto-rial process moves from the trial even to the appellate stages). . - Dowell involved a question of pre-trial waiver, rather than waiver at the sentencing stage. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
GB v. State
green
1 sentence2023Indiana Supreme Court | Case No. 23S-JV-110 | October 6, 2023 Page 9 of 13 As a result, Trial Rule 60(B)(8) is the proper vehicle for juveniles to collaterally attack an adjudication based on an invalid waiver of rights. 1 See G.B., 715 N.E.2d at 954 . | 1 | 2023–2023 |
Austin v. State
green
1 sentence1986The present case is unlike Dunfée because here a constitutional right is involved. 4 See, Austin v. State (1984), 468 N.E.2d 1027 (Givan, C.J. and Pivarnik, J. dissenting) (failure to inform the defendant of any of the constitutional rights contained in our guilty plea statute results in an invalid waiver). | 1 | 1986–1986 |
Jones v. State
green
1 sentence1986All are of "constitutional dimension." Id. at 759 . | 1 | 1986–1986 |
Dowlut v. State
green
2 sentences1976We hold that the trial court erred in denying appellant’s motion to suppress his oral and written statements which were the result of an invalid waiver. 3 When a confession is suppressed because it was unlawfully obtained, evidence which is inextricably bound to the confession will also be suppressed upon proper objection, Dowlut v. State, (1968) 250 Ind. 86 , 255 N.E.2d 173 , unless it is shown that the evidence was discovered by some means independent of the illegal confession, Watts v. State, (1950) 229 Ind. 80 , 95 N.E.2d 570 . 1976We hold that the trial court erred in denying appellant's motion to suppress his oral and written statements which were the result of an invalid waiver. [3] When a confession is suppressed because it was unlawfully obtained, evidence which is inextricably bound to the confession will also be suppressed upon proper objection, Dowlut v. State, (1968) 250 Ind. 86 , 255 N.E.2d 173 , unless it is shown that the evidence was discovered by some means independent of the illegal confession, Watts v. State, (1950) 229 Ind. 80 , 95 N.E.2d 570 . | 1 | 1976–1976 |
Watts v. State
green
2 sentences1976We hold that the trial court erred in denying appellant’s motion to suppress his oral and written statements which were the result of an invalid waiver. 3 When a confession is suppressed because it was unlawfully obtained, evidence which is inextricably bound to the confession will also be suppressed upon proper objection, Dowlut v. State, (1968) 250 Ind. 86 , 255 N.E.2d 173 , unless it is shown that the evidence was discovered by some means independent of the illegal confession, Watts v. State, (1950) 229 Ind. 80 , 95 N.E.2d 570 . 1976We hold that the trial court erred in denying appellant’s motion to suppress his oral and written statements which were the result of an invalid waiver. 3 When a confession is suppressed because it was unlawfully obtained, evidence which is inextricably bound to the confession will also be suppressed upon proper objection, Dowlut v. State, (1968) 250 Ind. 86 , 255 N.E.2d 173 , unless it is shown that the evidence was discovered by some means independent of the illegal confession, Watts v. State, (1950) 229 Ind. 80 , 95 N.E.2d 570 . | 1 | 1976–1976 |
Guarino v. Mine Safety Appliance Co.
green
2 sentences1976We hold that the trial court erred in denying appellant’s motion to suppress his oral and written statements which were the result of an invalid waiver. 3 When a confession is suppressed because it was unlawfully obtained, evidence which is inextricably bound to the confession will also be suppressed upon proper objection, Dowlut v. State, (1968) 250 Ind. 86 , 255 N.E.2d 173 , unless it is shown that the evidence was discovered by some means independent of the illegal confession, Watts v. State, (1950) 229 Ind. 80 , 95 N.E.2d 570 . 1976We hold that the trial court erred in denying appellant's motion to suppress his oral and written statements which were the result of an invalid waiver. [3] When a confession is suppressed because it was unlawfully obtained, evidence which is inextricably bound to the confession will also be suppressed upon proper objection, Dowlut v. State, (1968) 250 Ind. 86 , 255 N.E.2d 173 , unless it is shown that the evidence was discovered by some means independent of the illegal confession, Watts v. State, (1950) 229 Ind. 80 , 95 N.E.2d 570 . | 1 | 1976–1976 |
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.