murder instruction (Indiana) · Go Syfert
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murder instruction in Indiana

6 Indiana opinions name it 2 courts 1993–2014 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 (2)

CaseFollowedCited
Boesch v. Stategreen
ind · 2002 · cited in 2 Indiana opinions naming this issue, 2005–2006
2 sentences

2006Boesch v. State, 778 N.E.2d 1276, 1279 (Ind.2002).

2005Therefore, even if we cannot be sure on which theory the jury found Mathews *723 guilty, he has not demonstrated that the murder instruction "constitutes a blatant violation of basic principles, the harm or potential harm is substantial, and the resulting error [denied him] fundamental due process." Boesch, 778 N.E.2d at 1279 .

22
Johnson v. Stategreen
ind · 2000 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014See Johnson v. State, 734 N.E.2d 242 (Ind. 2000) (Murder defendant was not entitled to withdraw guilty plea entered during trial, even though defendant contended that his counsel “pressured” him into accepting plea after trial court ruled in favor of admitting damaging character evidence, where trial judge questioned defendant extensively about plea, asking whether he understood that he did not have to plead guilty and specifically whether anyone threatened or induced him to enter plea, and judge informed defendant of possible range of sentences he would receive).

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
Hobson v. State green
ind · 1996
1 sentence

2005The court determined that the general verdict form left "no way to determine if Appellant ha[d] been convicted of intentional or felony murder," and, thus, the court could not "know if Appellant hald] been sentenced separately for both the felony and the felony murder charge." Id. at 1094 .

12005–2005
Spradlin v. State green
ind · 1991
1 sentence

1998However, at the time of Nuckles's direct appeal, our supreme court had not yet decided Spradlin v. State, 569 N.E.2d 948 (Ind.1991), the case that established the principle that renders the instant murder instruction erroneous.

11998–1998
Ben-Yisrayl v. State green
ind · 1997
1 sentence

1998As was the ca*se with the instruction on accomplice liability, Little failed to object to the murder instruction at trial, thereby waiving any error in that regard unless it constituted fundamental error, Ben-Yisrayl v. State, 690 N.E.2d 1141 .

11998–1998
State v. McCormick green
ind · 1979
2 sentences

1993This Court held in McCormick that subsection (b)(8) of the death penalty statute is unconstitutional when the other unadjudi-cated murder is unrelated to the instant murder because a defendant's due process rights are violated when he is in effect tried on the other murder claim during the penalty phase "to a jury which has been undeniably prejudiced by having convicted him of an unrelated murder." 272 Ind. at 278 , 397 N.E.2d at 280 .

1993This Court held in McCormick that subsection (b)(8) of the death penalty statute is unconstitutional when the other unadjudi-cated murder is unrelated to the instant murder because a defendant's due process rights are violated when he is in effect tried on the other murder claim during the penalty phase "to a jury which has been undeniably prejudiced by having convicted him of an unrelated murder." 272 Ind. at 278 , 397 N.E.2d at 280 .

11993–1993

Statutes the citing opinions construe

IN § Ind. Code § 35-42-1-1 (4) IN § Ind. Code § 35-50-1-2 (3)

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.

Where else courts name it

IL 35 (1974–2019) CA 25 (1985–2025) MS 25 (1928–2009) KY 16 (1912–2022) WV 8 (1948–1992) TX 8 (1986–2026) IN 6 (1993–2014) OH 5 (1998–2016) PA 5 (1998–2017) MA 3 (1996–2017) NM 3 (2013–2023) AZ 3 (1977–2017) WA 3 (2009–2018) OK 2 (1991–2000) CT 2 (2016–2018) KS 2 (2006–2012) RI 2 (1977–2001) MO 2 (1950–1988) SD 2 (1992–2001) AL 2 (1993–1993)

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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