person asserting privilege (Indiana) · Go Syfert
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person asserting privilege in Indiana

7 Indiana opinions name it 2 courts 1978–2025 1 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
Colman v. Heidenreichgreen
ind · 1978 · cited in 4 Indiana opinions naming this issue, 1982–2008
2 sentences

2008However, “[t]he burden of proof is on the person asserting the privilege to show that the consultation was a professional one.” Colman, 381 N.E.2d at 869 (citations omitted).

1982“The burden of proof is on the person asserting the privilege to show that the consultation was a professional one.” Id. at 381 N.E.2d 869 .

14
Perlman v. United Statesgreen
scotus · 1918 · cited in 1 Indiana opinions naming this issue, 2025–2025
1 sentence

2025Court of Appeals of Indiana | Opinion 25A-MI-135 | October 3, 2025 Page 12 of 14 at 397 (quoting Perlman v. United States, 247 U.S. 7, 15 (1918)) (emphasis added). 6 [21] The Fifth Amendment protects the Employees from being compelled to turn over incriminating information against themselves, which is not occurring here.

11
Mayberry v. Stategreen
ind · 1996 · cited in 1 Indiana opinions naming this issue, 2017–2017
2 sentences

2017“Minimally, meeting this burden entails establishing that ‘the communication at issue occurred in the course of an effort to obtain legal advice or aid, on the subject of the client’s rights or liabilities, from a professional legal advisor acting in his or her capacity as such.’” TP Orthodontics, Inc. v. Kesling, 15 N.E.3d 985, 995-96 (Ind. 2014) (quoting Mayberry v. State, 670 N.E.2d 1262, 1266 (Ind. 1996)).

2017“Minimally, meeting this bur den entails establishing that ‘the communication at issue occurred in the course of an effort to obtain legal advice or aid, on the subject of the client’s rights or liabilities, from a professional legal advisor acting in his or her capacity as such.’” TP Orthodontics, Inc. v. Kesling, 15 N.E.3d 985, 995-96 (Ind. 2014) (quoting Mayberry v. State, 670 N.E.2d 1262, 1266 (Ind. 1996)).

11
TP Orthodontics, Inc. v. Keslinggreen
ind · 2014 · cited in 1 Indiana opinions naming this issue, 2017–2017
2 sentences

2017“Minimally, meeting this burden entails establishing that ‘the communication at issue occurred in the course of an effort to obtain legal advice or aid, on the subject of the client’s rights or liabilities, from a professional legal advisor acting in his or her capacity as such.’” TP Orthodontics, Inc. v. Kesling, 15 N.E.3d 985, 995-96 (Ind. 2014) (quoting Mayberry v. State, 670 N.E.2d 1262, 1266 (Ind. 1996)).

2017“Minimally, meeting this bur den entails establishing that ‘the communication at issue occurred in the course of an effort to obtain legal advice or aid, on the subject of the client’s rights or liabilities, from a professional legal advisor acting in his or her capacity as such.’” TP Orthodontics, Inc. v. Kesling, 15 N.E.3d 985, 995-96 (Ind. 2014) (quoting Mayberry v. State, 670 N.E.2d 1262, 1266 (Ind. 1996)).

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
Johnson v. United States green
scotus · 1913
1 sentence

2025The U.S. Supreme Court has repeatedly held “that the Fifth Amendment is limited to prohibiting the use of ‘physical or moral compulsion’ exerted on the person asserting the privilege[.]” Id.

12025–2025
Corll v. Edward D. Jones & Co. green
indctapp · 1995
2 sentences

2017A person asserting the privilege must show that “(1) an attorney-client relationship existed and (2) a confidential communication was involved.” Id.

2017A person asserting the privilege must show that “(1) an attorney-client relationship existed and (2) a confidential communication was involved.” Id.

12017–2017
Hueck v. State green
indctapp · 1992
1 sentence

1995Hueck, 590 N.E.2d at 584 .

11995–1995
McKnew v. Superior Court green
cal · 1943
2 sentences

1978McKnew v. Superior Court, (1943) 23 Cal.2d 58 , 142 P.2d 1 ; McGrede v. Rembert National Bank, (Tex. Civ.

1978McKnew v. Superior Court, (1943) 23 Cal.2d 58 , 142 P.2d 1 ; McGrede v. Rembert National Bank, (Tex. Civ.

11978–1978
Jackson v. Davis green
texapp · 1941
1 sentence

1978McKnew v. Superior Court, (1943) 23 Cal.2d 58 , 142 P.2d 1 ; McGrede v. Rembert National Bank, (Tex.Civ.App. 1941) 147 S.W.2d 580 ; McCormick, supra. The record of this case shows that at attorney Colman's action for a Protective Order, he was examined exhaustively about this incident by all parties.

11978–1978

Where else courts name it

OH 94 (1966–2025) CO 28 (1970–2026) TX 28 (1931–2026) PA 24 (1957–2024) ID 14 (1975–2017) CA 14 (1951–2025) NY 11 (1890–2026) GA 10 (1976–2025) MI 9 (1955–2017) NJ 7 (1985–2020) IN 7 (1978–2025) WI 7 (1996–2025) IL 7 (1957–2014) MD 6 (1970–2004) KS 6 (1982–2022) MO 6 (1961–2023) WV 6 (1948–2011) NC 5 (2014–2022) UT 5 (1984–2014) MN 5 (1983–2025) AL 4 (1914–2014) AR 4 (1892–1994) AZ 4 (1921–2026) ME 4 (1982–2025) WA 4 (1974–2024) CT 4 (1992–2019) NE 3 (1927–2017) LA 3 (1983–2015) VA 3 (1992–2003) IA 3 (1986–2011) VT 2 (1914–2020) ND 2 (1911–2010) OR 2 (1974–1976) DC 2 (1987–2003) HI 2 (2001–2006) MA 2 (2003–2015) SD 2 (2005–2014) DE 2 (1970–2017) SC 2 (1984–2003) NV 2 (2017–2017) MT 2 (1994–1998)

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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