47 Indiana opinions name it 2 courts 1983–2020 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.
| Case | Followed | Cited |
|---|---|---|
Yamobi v. Stategreen2 sentences2014And “the heart of the inquiry is whether the statement is inherently reliable because the declarant was incapable of thoughtful reflection.” Yamobi v. State, 672 N.E.2d 1344, 1346 (Ind. 1996). 2013Rather, “the heart of the inquiry is whether the statement is inherently reliable because the declarant was incapable of thoughtful reflection.” Yamobi v. State, 672 N.E.2d 1344, 1346 (Ind. 1996). | 6 | 10 |
Jones v. Stategreen2 sentences2020“The heart of the inquiry is whether the declarant was incapable of thoughtful reflection.” Jones v. State, 800 N.E.2d 624, 627 (Ind. Ct. App. 2003). [19] The Court’s decision in Ramsey v. State, 122 N.E.3d 1023 (Ind. Ct. App. 2019), trans. denied, provides guidance on the span of time that may elapse between a Court of Appeals of Indiana | Memorandum Decision 19A-CR-1547 | February 7, 2020 Page 6 of 11 startling event and an utterance. 2012“The heart of the inquiry is whether the declar-ant was incapable of thoughtful reflection.” Jones v. State, 800 N.E.2d 624, 627 (Ind. Ct.App.2003). | 4 | 5 |
Marcum v. Stategreen2 sentences2014Marcum v. State, 772 N.E.2d 998, 1001 (Ind. Ct. App. 2002). 2010"The heart of the inquiry is whether the declarant was incapable of thoughtful reflection." Id. (citing Marcum v. State, 772 N.E.2d 998, 1001 (Ind.Ct.App.2002)). | 3 | 3 |
Boatner v. Stategreen2 sentences2020“The heart of the inquiry is whether the declarant was incapable of thoughtful reflection.” Id. (citation omitted). 2020“The heart of the inquiry is whether the declarant was incapable of thoughtful reflection.” Id. | 2 | 8 |
Burdine v. Stategreen2 sentences2004Further, "(tlhe amount of time that has passed between the event and the statement is relevant but not dispostive." Burdine v. State, 751 N.E.2d 260, 264 (Ind.Ct.App.2001), trans. denied (citing Noojin v. State, 730 N.E.2d 672, 676 (Ind.2000)). 2004Further, "[the amount of time that has passed between the event and the statement is relevant but not dis-positive." Burdine v. State, 751 N.E.2d 260, 264 (Ind.Ct.App.2001) (citing Noojin v. State, 730 N.E.2d 672, 676 (Ind.2000)). | 2 | 2 |
Noojin v. Stategreen2 sentences2004Further, "(tlhe amount of time that has passed between the event and the statement is relevant but not dispostive." Burdine v. State, 751 N.E.2d 260, 264 (Ind.Ct.App.2001), trans. denied (citing Noojin v. State, 730 N.E.2d 672, 676 (Ind.2000)). 2004Further, "[the amount of time that has passed between the event and the statement is relevant but not dis-positive." Burdine v. State, 751 N.E.2d 260, 264 (Ind.Ct.App.2001) (citing Noojin v. State, 730 N.E.2d 672, 676 (Ind.2000)). | 2 | 2 |
Palacios v. Stategreen2 sentences2018Id. (citing Yamobi, 672 N.E.2d at 1346 ). 2016Palacios v. State, 926 N.E.2d 1026, 1030-1031 (Ind. Ct. App. 2010). | 1 | 4 |
Washington v. Allisongreen1 sentence2015It is well established that “[d]ue process requires service of notice in a manner reasonably calculated to inform the defendant of the pending lawsuit.” Washington v. Allison, 593 N.E.2d 1273, 1276 (Ind. Ct. App. 1992). | 1 | 1 |
Minnick v. Stategreen1 sentence2014See Ind. Post-Conviction Rule 1(8); Minnick v. State, 698 N.E.2d 745, 753 (Ind.1998) (declaring, “[b]ecause the defendant’s final amended post-conviction petition did not claim denial of counsel from the failure to request funds, this specific claimed failure is not available in this appeal”). the post-conviction court, supported by the narrative portion of his petition for post-conviction relief, Hollowell eventually got to the heart of his claim, namely: Counsel rendered ineffective as-asfor failing to argue on appeal the lack of circumstantial evidence to support his conspiracy conviction. | 1 | 1 |
Holmes v. Stategreen1 sentence2004Our supreme court has held "[t]he amount of elapsed time between the *700 incident and the utterance weighs in determining the ability of the witness to regain his or her composure and engage in reflective thought." .Holmes v. State, 480 N.E.2d 916, 918 (Ind.1985). « Thus, "the heart of an inquiry is whether the declar-ant was incapable of thoughtful reflection." Jones v. State, 800 N.E.2d 624, 627 (Ind.App.Ct.2008). | 1 | 1 |
Montgomery v. Stategreen1 sentence1999Montgomery v. State, 694 N.E.2d 1137, 1141 (Ind.1998). | 1 | 1 |
City of Indianapolis v. Swansongreen2 sentences1999In City of Indianapolis v. Swanson, 448 N.E.2d 668, 670 (Ind.1983), it is easy to see how Swanson's statements with respect to his alleged suffering from epilepsy and his inability to make a living "went to the very heart of his claim against the City." In this case, however, Dr. Blinder's statement describing the profile of people who misrepresent symptoms in cases with "subjective" disabilities, does not go to the heart of this case. 1999In City of Indianapolis v. Swanson, 448 N.E.2d 668, 670 (Ind.1983), it is easy to see how Swanson’s statements with respect to his alleged suffering from epilepsy and his inability to make a living “went to the very heart of his claim against the City.” In this case, however, Dr. Blinder’s statement describing the profile of people who misrepresent symptoms in cases with “subjective” disabilities, does not go to the heart of this case. | 1 | 1 |
Teague v. Stategreen2 sentences1996Teague v. State, 269 Ind. 103 , 379 N.E.2d 418, 422 (1978), reh'g denied. 1996Teague v. State, 269 Ind. 103 , 379 N.E.2d 418, 422 (1978), reh'g denied. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wells v. State
green
2 sentences1988As stated in Wells, "[the heart of the rule then is the requirement that the observation, reporting, and the recording of the facts all be made by someone in the regular course of the business." Id. 1983In Wells v. State, (1970) 254 Ind. 608 , 261 N.E.2d 865 , the Court stated the following in describing the history and character of the business records exception, "The heart of the rule then is the requirement that the observation, reporting, and the recording of the facts all be made by someone in the regular course of the business. | 3 | 1983–1988 |
Trenton Teague v. State of Indiana
green
2 sentences2019“The heart of the inquiry is whether the declarant was incapable of thoughtful reflection.” Id. [10] Saylor first takes issue with Cruse’s testimony about her encounter with Haithcox. 2014Id. | 2 | 2014–2019 |
James O. Young v. State of Indiana
green
2 sentences2019"The heart of the inquiry is whether the declarant was incapable of thoughtful reflection." Id. 2013Id. | 2 | 2013–2019 |
Love v. State
green
2 sentences2017Id. (citing Yamobi v. State, 672 N.E.2d 1344, 1346 (Ind. 1996)). 2016Id. (citing Yamobi v. State, 672 N.E.2d 1344, 1346 (Ind. 1996)). | 2 | 2016–2017 |
Hardiman v. State
green
2 sentences2004"The heart of the inquiry is whether the declarants had the time for reflection and deliberation." Id. 2004"The heart of the inquiry is whether the declarants had the time for reflection and deliberation." Id. | 2 | 2004–2004 |
State of Indiana v. John B. Larkin
green
1 sentence2020Id. at 708 . [5] On May 7, 2019, Larkin filed a Motion to Dismiss for State Misconduct alleging that, after the Indiana Supreme Court’s decision was issued, he discovered the State withheld material evidence that the gun involved in the Court of Appeals of Indiana | Opinion 19A-CR-2705 | November 9, 2020 Page 4 of 22 shooting was defective and could discharge even when the safety was engaged or without the trigger being pulled when the gun was dropped or bumped, and he argued the withheld evidence went to the heart of his defense that he accidentally shot Stacey while struggling to keep the gu | 1 | 2020–2020 |
Brian Ramsey v. State of Indiana
green
1 sentence2020“The heart of the inquiry is whether the declarant was incapable of thoughtful reflection.” Jones v. State, 800 N.E.2d 624, 627 (Ind. Ct. App. 2003). [19] The Court’s decision in Ramsey v. State, 122 N.E.3d 1023 (Ind. Ct. App. 2019), trans. denied, provides guidance on the span of time that may elapse between a Court of Appeals of Indiana | Memorandum Decision 19A-CR-1547 | February 7, 2020 Page 6 of 11 startling event and an utterance. | 1 | 2020–2020 |
BloomBank v. United Fidelity Bank F.S.B.
green
1 sentence2019BloomBank, 113 N.E.3d at 721 . | 1 | 2019–2019 |
Sandefur v. State
green
1 sentence2016Id. [34] Stewart contends that statements by Mother as to what L.S. told her on the evening of April 21, 2010, when he disclosed the abuse by Stewart, and testimony by Horn regarding what C.S. disclosed to her when she met with him on April 22, 2010 were improperly admitted as excited utterances. | 1 | 2016–2016 |
Jenkins v. State
green
1 sentence2010"The heart of the inquiry is whether the declarant was incapable of thoughtful reflection." Id. (citing Marcum v. State, 772 N.E.2d 998, 1001 (Ind.Ct.App.2002)). | 1 | 2010–2010 |
Gordon v. State
green
1 sentence2009The heart of the inquiry is whether the statement was "inherently reliable because the witness was under the stress of an event and unlikely to make deliberate falsifications." Id. | 1 | 2009–2009 |
Hammon v. State
green
1 sentence2004"The heart of the inquiry is whether the declarants had the time for reflection and deliberation." Id. | 1 | 2004–2004 |
Lieberenz v. State
green
2 sentences2003Lieberenz, 717 N.E.2d at 1245 . 2003Lieberenz, 717 N.E.2d at 1245 . | 1 | 2003–2003 |
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.
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.