propriety of a jury instruction (Indiana) · Go Syfert
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propriety of a jury instruction in Indiana

8 Indiana opinions name it 1 courts 2001–2020 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
Anthony Gammons, Jr. v. State of Indianagreen
ind · 2020 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020Gammons, 148 N.E.3d at 304.

11
Mitchell v. Stategreen
indctapp · 2005 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011Mitchell v. State, 821 N.E.2d 390, 394-99 (Ind.Ct.App.2004).

11
Hurt v. Stategreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 2004–2004
2 sentences

2004In Hurt v. State, 553 N.E.2d 1243, 1249 (Ind.Ct.App.1990), for example, the defendant challenged the propriety of a jury instruction, which provided that "[a] defendant's refusal to submit to a chemical test may be considered as evidence of the defendant's guilt," on the basis that such instruction was confusing or misleading.

2004In Hurt v. State, 553 N.E.2d 1243, 1249 (Ind.Ct.App.1990), for example, the defendant challenged the propriety of a jury instruction, which provided that "[a] defendant's refusal to submit to a chemical test may be considered as evidence of the defendant's guilt," on the basis that such instruction was confusing or misleading.

11
Blevins v. Clarkgreen
indctapp · 2000 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001Blevins v. Clark, 740 N.E.2d 1235, 1235 (Ind.Ct.App.2000), trans. denied.

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 (4)

CaseCitedYears
Billy Russell v. State of Indiana green
ind · 2013
2 sentences

2018In arguing that bifurcation was improper, Russell argued that *290 "instructing the jury on the non-existent offense of 'unlawful possession of a firearm' was prejudicial because most jurors would know that possession of a firearm, by itself, is not a criminal offense [and] jurors would infer a second phase of trial." Id.

2018We are unpersuaded that the instruction is prejudicial. [9] We observe that the Williams court's reasoning in upholding the instruction and advocating bifurcation in SVF cases was endorsed by our supreme court in Russell v. State , 997 N.E.2d 351 , 354 (Ind. 2013), which addressed a claim of improper trial bifurcation rather than the propriety of a jury instruction.

12018–2018
Orta v. State green
indctapp · 2011
1 sentence

2013Id.

12013–2013
Stevenson v. Hamilton Mutual Insurance Co. green
indctapp · 1996
1 sentence

2012Co., 672 N.E.2d 467 (Ind. Ct. App. 1996), and the Restatement, for the propriety of a jury instruction regarding derivative punitive damages against East Lake.

12012–2012
Booher v. Alhom, Inc. green
indctapp · 1973
1 sentence

2008Booker considered the propriety of a jury instruction, which instructed the jury that if it found that the plaintiffs negligence proximately contributed to his injuries “then your verdict may be in favor of the defendant.” Id.

12008–2008

Where else courts name it

CA 21 (1959–2025) WA 16 (1997–2024) IL 12 (1971–2019) NM 8 (1993–2016) TN 8 (2007–2018) IN 8 (2001–2020) ID 8 (1980–2014) MA 8 (1996–2015) PA 7 (1992–2023) CT 6 (2000–2010) GA 5 (1985–2019) UT 4 (1992–2026) VA 4 (2004–2025) AZ 4 (1984–2005) CO 4 (2002–2024) FL 4 (1993–2024) AL 4 (1995–2007) MS 4 (1992–2023) TX 3 (2006–2006) MO 3 (1996–2017) DE 3 (1982–1993) MD 3 (1972–2011) OH 3 (1992–2007) NY 2 (2003–2014)

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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