159 Ind. App. 603 - Clanton v. State’s Empirical Analysis

Citation profile

11 state decisions

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The question thus presented has previously been decided by this Court in the case of Spall v. State (1973), Ind. App., 295 N.E.2d 852 . In the case presently before us, as well as in Spall , there was no motion to correct errors filed at any time subsequent to the court's entry of judgment. The only motion to correct errors that was filed was filed after the verdict was returned but before judgment was entered thereon. In Spall , we compared the language employed in the former statute and rule with the language employed in the present rules TR. 59(C) and CR. 16, and concluded that the Supreme Court intended to change the former procedure so that now, under the present rules, the motion to correct errors should not be filed until after the entry of judgment, but should be filed within 60 days thereafter. We then stated as follows: `The effect of the appellant having prematurely filed his Motion to Correct Errors before sentencing, is that he has not filed any Motion to Correct Errors directed to the judgment or sentence, and therefore has not preserved any error on appeal. Without a Motion to Correct Errors having been filed, there is no complaint in the appellate tribunal, and nothing is presented to this court for review.' Since the question presented in this motion is the same as that presented in Spall , the same result must obtain." 308 N.E.2d at 727 .”

   1 later decision quote this exact passage · from the majority
   e.g. 164 Ind. App. 56 - Hansbrough v. Indiana Revenue Board