Dunn rule (Indiana) · Go Syfert
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Dunn rule in Indiana

6 Indiana opinions name it 2 courts 1979–2020 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 (6)

CaseFollowedCited
In re the Marriage of: Thomas Todd Reynolds v. Tricia Reynoldsgreen
ind · 2016 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020However, an appellant still “may not present an argument that was not presented to the trial court.” Ind. Bureau of Motor Vehicles v. Gunter, 27 N.E.3d 306, 312 (Ind. Ct. App. 2015); see also Reynolds v. Reynolds, 64 N.E.3d 829, 834 (Ind. 2016) (“Appellants may not sit idly by and raise issues for the first time on appeal.”). [23] FCIC made no substantive argument in response to Dunn’s motion for relief from default judgment in either its May 17, 2019, “Special and Limited Appearance and Motion to Dismiss Pursuant to TR 12” or its June 27, 2019, motion to correct error.

11
Indiana Bureau of Motor Vehicles v. Jennifer M. Gurtnergreen
indctapp · 2015 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020However, an appellant still “may not present an argument that was not presented to the trial court.” Ind. Bureau of Motor Vehicles v. Gunter, 27 N.E.3d 306, 312 (Ind. Ct. App. 2015); see also Reynolds v. Reynolds, 64 N.E.3d 829, 834 (Ind. 2016) (“Appellants may not sit idly by and raise issues for the first time on appeal.”). [23] FCIC made no substantive argument in response to Dunn’s motion for relief from default judgment in either its May 17, 2019, “Special and Limited Appearance and Motion to Dismiss Pursuant to TR 12” or its June 27, 2019, motion to correct error.

11
Standefer v. United Statesgreen
scotus · 1980 · cited in 1 Indiana opinions naming this issue, 2010–2010
2 sentences

2010The Dunn rule was also followed in Standefer v. United States, 447 U.S. 10, 25 , 100 S.Ct. 1999, 2009 , 64 L.Ed.2d 689, 701 (1980) ("While symmetry of results may be intellectually satisfying, it is not required.").

2010The Dunn rule was also followed in Standefer v. United States, 447 U.S. 10, 25 , 100 S.Ct. 1999, 2009 , 64 L.Ed.2d 689, 701 (1980) ("While symmetry of results may be intellectually satisfying, it is not required.").

11
Biddle v. BAA Indianapolis, LLCgreen
ind · 2007 · cited in 1 Indiana opinions naming this issue, 2008–2008
2 sentences

2008The parties argue on appeal about whether Dunn's claim is actually a regulatory takings claim such that Biddle, 860 N.E.2d at 570 , and other regulatory takings cases apply.

2008While we agree with Bussing's outcome, we disagree with its rationale to the extent that it indicates that this discussion relating to damages is necessary to the question of whether a compensable taking occurred. [11] The parties argue on appeal about whether Dunn's claim is actually a regulatory takings claim such that Biddle, 860 N.E.2d at 570, and other regulatory takings cases apply.

11
Grimm v. Stategreen
ind · 1980 · cited in 1 Indiana opinions naming this issue, 1981–1981
2 sentences

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

11
Marsh v. Stategreen
ind · 1979 · cited in 1 Indiana opinions naming this issue, 1981–1981
2 sentences

1981In Marsh v. State, (1979) Ind., 393 N.E.2d 757, 760, 761 , we stated: “While the Flowers case has never been overruled, we note that this Court and the federal courts have consistently taken care to establish that verdicts are in fact not inconsistent.” * * * “ * * * While never having reversed a case on the basis of inconsistent verdicts, this Court has consistently evinced concern over the possibility of inconsistent verdicts when faced with the issue by establishing that the verdicts are in fact not necessarily inconsistent.” (citations omitted.) Another line of cases, which commenced befor

1981In Marsh v. State, (1979) Ind., 393 N.E.2d 757, 760, 761 , we stated: “While the Flowers case has never been overruled, we note that this Court and the federal courts have consistently taken care to establish that verdicts are in fact not inconsistent.” * * * “ * * * While never having reversed a case on the basis of inconsistent verdicts, this Court has consistently evinced concern over the possibility of inconsistent verdicts when faced with the issue by establishing that the verdicts are in fact not necessarily inconsistent.” (citations omitted.) Another line of cases, which commenced befor

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 (10)

CaseCitedYears
United States v. Powell green
scotus · 1984
2 sentences

2010Powell, 469 U.S. at 65 , 105 S.Ct. at 477 , 83 L.Ed.2d at 469 .

2010Powell, 469 U.S. at 65 , 105 S.Ct. at 477 , 83 L.Ed.2d at 469 .

12010–2010
Lingle v. Chevron U. S. A. Inc. green
scotus · 2005
2 sentences

2008Biddle articulates that the modern test for regulatory takings “states that regulation effects a taking if it deprives an owner of all or substantially all economic or productive use of his or her property.” Id. at 577 (citing Lingle v. Chevron U.S.A., Inc., 544 U.S. 528, 538-40 , 125 S.Ct. 2074 , 161 L.Ed.2d 876 (2005)).

2008Biddle articulates that the modern test for regulatory takings “states that regulation effects a taking if it deprives an owner of all or substantially all economic or productive use of his or her property.” Id. at 577 (citing Lingle v. Chevron U.S.A., Inc., 544 U.S. 528, 538-40 , 125 S.Ct. 2074 , 161 L.Ed.2d 876 (2005)).

12008–2008
State v. Geiger & Peters, Inc. green
ind · 1964
1 sentence

2008Geiger, 196 N.E.2d at 743 . [10] The State contends that Dunn's claim is "nearly identical" to the claim in Bussing , wherein this Court held that a landowner was not entitled to damages after the State closed an intersection and blocked left-hand turns into the landowner's property.

12008–2008
Dunn v. Meridian Mutual Insurance Co. green
indctapp · 2004
1 sentence

2005Dunn, 810 N.E.2d at 740 .

12005–2005
Wells v. State green
indctapp · 1980
2 sentences

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

11981–1981
Walton v. State green
ind · 1980
2 sentences

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

11981–1981
Pierce v. State green
ind · 1977
2 sentences

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

11981–1981
Smith v. State green
ind · 1979
2 sentences

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

1981Smith v. State, (1979) Ind., 388 N.E.2d 484, 487 ; Walton v. State, (1980) Ind., 398 N.E.2d 667, 670 ; Grimm v. State, (1980) Ind., 401 N.E.2d 686, 688-89 (alternative holding); Wells v. State, (1980) Ind.App., 401 N.E.2d 779, 781 . *414 In Smith the Court cited Flowers, supra, and Pierce v. State, (1977) 267 Ind. 240 , 369 N.E.2d 617 , where we determined without citation to authority that the verdicts were consistent.

11981–1981
United States v. Charles Hannah, A/K/A June green
ca3 · 1978
2 sentences

1979The circuit court recognized that rule, however they said: “But the rule of these cases should not be applied unless the reason for the rule is also present.” 584 F.2d at 30 .

1979The circuit court recognized that rule, however they said: “But the rule of these cases should not be applied unless the reason for the rule is also present.” 584 F.2d at 30 .

11979–1979
United States v. Gary Lee McCall green
ca9 · 1979
2 sentences

1979One circuit court has established a hard line attitude toward the Dunn rule, holding: “We need not reconcile rationally inconsistent verdicts, nor do inconsistent verdicts mandate reversal. [Citations omitted.] We need determine only whether there was sufficient evidence upon which the guilty verdict can be sustained.’’ United States v. McCall, (9th Cir. 1979) 592 F.2d 1066, 1068 .

1979One circuit court has established a hard line attitude toward the Dunn rule, holding: “We need not reconcile rationally inconsistent verdicts, nor do inconsistent verdicts mandate reversal. [Citations omitted.] We need determine only whether there was sufficient evidence upon which the guilty verdict can be sustained.’’ United States v. McCall, (9th Cir. 1979) 592 F.2d 1066, 1068 .

11979–1979

Where else courts name it

TX 28 (1996–2024) CA 18 (1980–2025) PA 14 (1975–2025) OH 13 (1985–2022) WI 12 (1990–2024) IL 10 (1981–2020) GA 9 (1986–2016) WA 9 (1988–2021) TN 8 (2005–2025) KS 8 (1988–2017) FL 7 (1994–2018) WV 7 (2011–2025) MI 7 (1972–2017) MA 6 (2009–2020) AL 6 (1963–2009) IN 6 (1979–2020) VA 6 (1990–2021) DC 5 (1992–2009) MN 5 (2016–2024) NJ 5 (1970–2025) UT 4 (1993–2020) CT 4 (1985–2017) SC 4 (2015–2017) NY 4 (2012–2014) DE 3 (2004–2015) ND 3 (2010–2015) ID 3 (2001–2026) NC 3 (2011–2016) VT 2 (1998–2019) KY 2 (2016–2022) MD 2 (1965–2014) IA 2 (2010–2019) ME 2 (1992–1997)

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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