157 Ind. App. 363 - Millican v. State’s Empirical Analysis
1973
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently July 2004
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Miranda v. State of Arizona Vignera · United States v. Nielsen · Cooper v. State · Brown v. State · Hanrahan v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The verified application, until refuted by the prosecution, stands as the only evidence upon which the court can base its decision. If the application states a cause for which a change of venue should be granted, then the necessity for a change of venue has been prima facie established: It is of course within the discretion of the trial court to question the credibility of an application whose veracity has been attacked by the prosecution. It may also be within the court’s discretion to question the credibility of an uncontroverted application, but this should be done only after affording the petitioner a hearing or other opportunity to support his application with additional evidence. We hold that to deny an uncontroverted, verified application for change of venue without affording petitioner some opportunity to present additional evidence in support of said application is an abuse of discretion by the trial court, and that such a denial in this case constitutes reversible error. It should be noted that this holding does not require a refutation by the prosecution in all cases before the trial court can overrule a verified application for a change of venue; the credibility of the application can be questioned even absent such a refutation. But where the credibility of an uncontroverted verified application is to be the sole basis for the denial, the petitioner should be allowed a hearing or other opportunity to bolster his credibility with supporting evidence.” (Emphasis ad”
4 later decisions quote this exact passagee.g. Ponzo v. State · Wilson v. State““On the basis of Hanrahan, supra, Millican should have, at the very least, been afforded a hearing or an opportunity to present evidence on his motion. However, in Beck v. State (1961), 241 Ind. 231 , 171 N.E.2d 696 , our Supreme Court seems to imply that even more strict standards apply when an appellant’s motion is for change of judge rather than change of county. In that case Beck filed a late affidavit for change of judge, alleging recently discovered facts indicating bias and prejudice of the judge. Despite Beck’s testimony at the hearing on the motion that he had gained no knowledge of any new facts as set out in the affidavit, our Supreme Court held that the trial court erred in denying the application for change of judge.””
1 later decision quote this exact passagee.g. Ponzo v. State“"Upon the filing of a properly verified application, a change of venue from the county shall be granted in all cases punishable by death and may be granted in all other cases when in the court's disceretion cause for such change is shown to exist after such hearing or upon such other proof as the court may require."”
1 later decision quote this exact passagee.g. Wilson v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.