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6 Indiana opinions name it 1 courts 1988–2019 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.
| Case | Followed | Cited |
|---|---|---|
Belazi v. Stategreen2 sentences2014Belazi v. State, 525 N.E.2d 351, 352 (Ind. Ct. App. 1988), trans. denied. 1995Belazi v. State (1988), Ind.App., 525 N.E.2d 351, 352 . | 1 | 2 |
Mohamed M. Dadouch v. State of Indianagreen1 sentence2019Court of Appeals of Indiana | Memorandum Decision 19A-CR-1055 | November 27, 2019 Page 5 of 6 Dadouch v. State, 126 N.E.3d 802, 804 (Ind. 2019). | 1 | 1 |
Patton v. United Statesred2 sentences2018Indeed, it remains that even though a defendant charged with a misdemeanor can waive his right to a jury trial by inaction, it must also be shown *1064 that the waiver was "made in a knowing, intelligent, and voluntary manner, with sufficient awareness of the surrounding circumstances and the consequences." Doughty v. State , 470 N.E.2d 69 , 70 (Ind. 1984) ; see also Patton v. United States , 281 U.S. 276 , 312, 50 S.Ct. 253 , 74 L.Ed. 854 (1930) (holding that, before the constitutional right to a jury may be waived, the "express and intelligent consent of the defendant" must be obtained). [8] 2018Indeed, it remains that even though a defendant charged with a misdemeanor can waive his right to a jury trial by inaction, it must also be shown *1064 that the waiver was "made in a knowing, intelligent, and voluntary manner, with sufficient awareness of the surrounding circumstances and the consequences." Doughty v. State , 470 N.E.2d 69 , 70 (Ind. 1984) ; see also Patton v. United States , 281 U.S. 276 , 312, 50 S.Ct. 253 , 74 L.Ed. 854 (1930) (holding that, before the constitutional right to a jury may be waived, the "express and intelligent consent of the defendant" must be obtained). [8] | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Vukadinovich v. State
green
2 sentences1993A valid waiver cannot be made pursuant to C.R. 22 in the absence of an advisement by the trial court of the consequences of a failure to demand a trial by jury not later than ten days prior to the trial date. 2 Vukadinovich v. State (1988), Ind.App., 529 N.E.2d 837, 839 . 1988We recently interpreted C.R. 22 in Vukodinovich v. State (1988), Ind.App., 529 N.E. 2d 837, 838 . | 2 | 1988–1993 |
Matthew Fiandt v. State of Indiana
green
1 sentence2018The failure of a defendant to demand a trial by jury as required by this rule shall constitute a waiver by him of trial by jury unless the defendant has not had at least fifteen (15) days advance notice of his scheduled trial date and of the consequences of his failure to demand a trial by jury. " 'Thus, when charged with a misdemeanor, a defendant can waive [his or] her right to a jury trial by failing to make a timely demand for trial by jury.' " Fiandt v. State , 996 N.E.2d 421 , 423 (Ind. Ct. App. 2013) (quoting Young , 973 N.E.2d at 645 ). [7] As this court has observed, "[t]he right to a | 1 | 2018–2018 |
Dana Young v. State of Indiana
green
1 sentence2018The failure of a defendant to demand a trial by jury as required by this rule shall constitute a waiver by him of trial by jury unless the defendant has not had at least fifteen (15) days advance notice of his scheduled trial date and of the consequences of his failure to demand a trial by jury. " 'Thus, when charged with a misdemeanor, a defendant can waive [his or] her right to a jury trial by failing to make a timely demand for trial by jury.' " Fiandt v. State , 996 N.E.2d 421 , 423 (Ind. Ct. App. 2013) (quoting Young , 973 N.E.2d at 645 ). [7] As this court has observed, "[t]he right to a | 1 | 2018–2018 |
Steven Duncan v. State of Indiana
green
1 sentence2018The failure of a defendant to demand a trial by jury as required by this rule shall constitute a waiver by him of trial by jury unless the defendant has not had at least fifteen (15) days advance notice of his scheduled trial date and of the consequences of his failure to demand a trial by jury. " 'Thus, when charged with a misdemeanor, a defendant can waive [his or] her right to a jury trial by failing to make a timely demand for trial by jury.' " Fiandt v. State , 996 N.E.2d 421 , 423 (Ind. Ct. App. 2013) (quoting Young , 973 N.E.2d at 645 ). [7] As this court has observed, "[t]he right to a | 1 | 2018–2018 |
Doughty v. State
green
1 sentence2018Indeed, it remains that even though a defendant charged with a misdemeanor can waive his right to a jury trial by inaction, it must also be shown *1064 that the waiver was "made in a knowing, intelligent, and voluntary manner, with sufficient awareness of the surrounding circumstances and the consequences." Doughty v. State , 470 N.E.2d 69 , 70 (Ind. 1984) ; see also Patton v. United States , 281 U.S. 276 , 312, 50 S.Ct. 253 , 74 L.Ed. 854 (1930) (holding that, before the constitutional right to a jury may be waived, the "express and intelligent consent of the defendant" must be obtained). [8] | 1 | 2018–2018 |
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.