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← 245 Ind. 591 - Hayden v. State

Hayden v. State’s Empirical Analysis

1964

Citation profile

47
cited by 47 later decisions
4
states following
July 1995
most recently cited

3 federal appellate · 44 state decisions

How this case has been cited

Cited by 47 later decisions — most recently July 1995 · most notably 67 Cal. 2d 365 - People v. Lara (1967), Jones v. State (1969)

3 federal appellate · 44 state decisions

2001964197019801990decided

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 Escobedo v. Illinois · Gallegos v. State of Colorado · Wilson v. State · Walb Construction Co. v. Chipman · Kraus v. KRAUS, ETC.

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

  1. ““Such errors may not ordinarily be presented for the first time in the assignment of errors on appeal to this court, although conceivably a possible exception to the rule might be made where the error appears as a matter of record and is of such a nature that this court can take judicial knowledge that such error being present, the appellant could not, under any circumstances, have had a fair trial.””
    4 later decisions quote this exact passage
  2. ““Under our procedure, it is the duty of trial counsel to file a motion for new trial, if, in his opinion, error was committed in the trial which may have been prejudicial to the cause of his client. However, it is obvious that trial counsel could not reasonably be expected to assert his own incompetency in a motion for new trial. Therefore, it is necessary that other procedure be made available by which this asserted error might be presented to the trial court prior to appeal. At the time this appeal was filed (on February 7, 1963), the error could have been presented to the trial court by proceedings in error coram nobis, which would have been in the nature of a belated motion for new trial. Rule 2-40. An adverse ruling of the trial court could then have been reviewed on petition for writ of certiorari. Rule 2-40A. Presently the pertinent procedure is governed by Rule 2-40, as amended September 11, 1963, which authorizes the filing of a belated motion for new trial. The purpose of a belated motion for new trial under the rule is to afford the trial court an opportunity to rule on and correct any alleged errors occurring in the trial court, before an appeal is permitted to this court. “This remedy is still available to appellant. Had appellant requested, this court would have entertained a petition for extention of time in which to perfect his appeal, in order that appellant might have presented the issue of incompetency of counsel to the trial court, and in event of an adver”
    1 later decision quote this exact passage
  3. ““. . . all errors occurring prior to or during the trial, and relied upon as cause for reversal on appeal, must first be assigned as grounds in support of the motion for new trial.””
    1 later decision quote this exact passage

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.