reasonable belief standard (Indiana) · Go Syfert
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reasonable belief standard in Indiana

7 Indiana opinions name it 2 courts 1980–2015 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 (8)

CaseFollowedCited
Randolph Wilkins, Appellee/cross-Appellant v. St. Louis Housing Authority, Appellant/cross-Appelleegreen
ca8 · 2002 · cited in 1 Indiana opinions naming this issue, 2015–2015
2 sentences

2015Auth., 314 F.3d 927, 933 (8th Cir.2002) (recognizing that the Fifth, Seventh, Eighth, and Ninth Circuits have all used a reasonable-belief standard in the Title VII retaliation context).

2015Auth., 314 F.3d 927, 933 (8th Cir. 2002) (recognizing that the Fifth, Seventh, Eighth, and Ninth Circuits have all used a reasonable-belief standard in the Title VII retaliation context).

11
United States of America, Appellee/cross-Appellant v. Larry Risse, Appellant/cross-Appelleegreen
ca8 · 1996 · cited in 1 Indiana opinions naming this issue, 2009–2009
2 sentences

2009See United States v. Graham, 553 F.3d 6, 12 (1st Cir.2009), cert. denied, ___ U.S. ___, 129 S.Ct. 2419 , 173 L.Ed.2d 1323 (2009); United States v. Risse, 83 F.3d 212, 216 (8th Cir. 1996).

2009See United States v. Graham, 553 F.3d 6, 12 (1st Cir.2009), cert. denied, - U.S. --, 129 S.Ct. 2419 , 173 L.Ed.2d 1323 (2009); United States v. Risse, 83 F.3d 212, 216 (8th Cir.1996).

11
Commonwealth v. Silvagreen
mass · 2004 · cited in 1 Indiana opinions naming this issue, 2009–2009
2 sentences

2009See Commonwealth v. Silva, 440 Mass. 772 , 802 N.E.2d 535 , 540 n. 7 (2004) (collecting cases). .

2009See Commonwealth v. Silva, 440 Mass. 772 , 802 N.E.2d 535 , 540 n. 7 (2004) (collecting cases). .

11
United States v. Grahamgreen
ca1 · 2009 · cited in 1 Indiana opinions naming this issue, 2009–2009
2 sentences

2009See United States v. Graham, 553 F.3d 6, 12 (1st Cir.2009), cert. denied, ___ U.S. ___, 129 S.Ct. 2419 , 173 L.Ed.2d 1323 (2009); United States v. Risse, 83 F.3d 212, 216 (8th Cir. 1996).

2009See United States v. Graham, 553 F.3d 6, 12 (1st Cir.2009), cert. denied, - U.S. --, 129 S.Ct. 2419 , 173 L.Ed.2d 1323 (2009); United States v. Risse, 83 F.3d 212, 216 (8th Cir.1996).

11
Smith v. Tolleygreen
vaed · 1997 · cited in 1 Indiana opinions naming this issue, 2009–2009
2 sentences

2009See Smith v. Tolley, 960 F.Supp. 977, 985-88 (E.D.Va. 1997).

2009See Smith v. Tolley, 960 F.Supp. 977, 985-88 (E.D.Va.1997).

11
Fenix v. Stategreen
indctapp · 1982 · cited in 1 Indiana opinions naming this issue, 2005–2005
1 sentence

2005Fenix v. State, 438 N.E.2d 1005, 1006 (Ind.Ct.App.1982) (addressing Ind. Code § 35-42-4-8 (1981 Supp.)).

11
Neblett v. Stategreen
indctapp · 1979 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999Nothing in subsection (e) prohibits the defense in cases involving children less than twelve (12); however, it will undoubtedly be a rare case where the facts would show that a belief that an eleven (11) year old was sixteen (16) or older was a ‘reasonable’ belief.” See Neblett v. State, 396 N.E.2d 930, 932 (Ind.Ct.App.1979) (noting that under the revised statute a reasonable belief defense is available to a child molesting defendant and that the crime is no longer a strict liability offense).

11
Martin v. Levinsongreen
indctapp · 1980 · cited in 1 Indiana opinions naming this issue, 1983–1983
1 sentence

1983See also Martin v. Levinson, (1980) Ind.App., 409 N.E.2d 1239 , where this court, in addressing a related estoppel issue in connection with a statute of limitations defense quoted with approval the following passage from an Illinois case: "'The fact that an insurer negotiates with a claimant is not conduct amounting to waiver by estoppel unless the negotiations contain statements or conduct which are calculated to lull the claimant into a reasonable belief that his claim will be settled without suit.

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 (2)

CaseCitedYears
People v. Burnham green
calctapp · 1986
1 sentence

1993As stated in People v. Burnham, supra, 222 Cal. Rptr. at 637 : "The ... contention that we should declare, as a matter of law, the appellant's assertions [as to reasonable belief] are unreasonable is, in reality, a request that we declare the appellant's assertions to be incredible as a matter of law.

11993–1993
Flagler v. Wessman green
illappct · 1970
2 sentences

1980If there is evidence of such conduct which exceeds mere investigation and negotiation an issue is made for determination by the trier of facts; if not, the defense may be disposed of by the court as a matter of law.” (Citations omitted) Flagler v. Wessman (2nd Dist. 1970), 130 Ill.App.2d 491, at 494 , 263 N.E.2d 630, at 632 , as cited in Doll v. Farmers Auto.

1980If there is evidence of such conduct which exceeds mere investigation and negotiation an issue is made for determination by the trier of facts; if not, the defense may be disposed of by the court as a matter of law.” (Citations omitted) Flagler v. Wessman (2nd Dist. 1970), 130 Ill.App.2d 491, at 494 , 263 N.E.2d 630, at 632 , as cited in Doll v. Farmers Auto.

11980–1980

Where else courts name it

IL 35 (1970–2020) CA 19 (1981–2025) WA 16 (1985–2025) PA 15 (1982–2025) NY 11 (1966–2025) MO 10 (1981–2024) RI 9 (1976–2017) OH 8 (1993–2026) OK 7 (1987–2020) IN 7 (1980–2015) GA 6 (1981–2025) FL 6 (1967–2026) CO 6 (1989–2025) TX 6 (2000–2024) NJ 6 (1996–2026) ID 5 (1987–2019) MD 3 (1999–2020) NV 3 (2015–2015) AZ 3 (1976–2018) CT 3 (1997–2023) DC 3 (1957–2021) AK 2 (1979–1992) NM 2 (1986–1995) WI 2 (2014–2015) NE 2 (1992–2009) WV 2 (1985–1999) UT 2 (2020–2020) KS 2 (2006–2018) TN 2 (2001–2007)

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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