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← 251 Ind. 645 - Maxey v. State

Maxey v. State’s Empirical Analysis

1969

Citation profile

93
cited by 93 later decisions
2
cited 2 times by the Supreme Court
3
states following
November 2016
most recently cited

3 federal appellate · 88 state decisions

How this case has been cited

Cited by 93 later decisions (2 by the Supreme Court) — most recently November 2016 · most notably Mincey v. Arizona (1978), Dillard v. State (1971)

3 federal appellate · 88 state decisions

510196919701980199020002010decided

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 United States v. Jeffers · Deal v. State · Mobley v. State · Warren v. State · Landreth 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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““In appellant’s third objection, he contends that the trial court committed reversible error in permitting the state to present additional evidence in order to prove venue after it had rested its case and after the appellant had moved the trial court for a directed verdict. The record indicates that the judge had not yet ruled upon appellant’s motion for a directed verdict at the time the state was allowed to introduce this additional evidence. It has long been held that the action of a trial court in allowing a party to reopen its case after it has rested is a matter of discretion for the court, and, unless clear abuse is shown, this court will not interfere with such a decision by the trial court. Roush v. Roush (1900), 154 Ind. 562 , 55 N.E. 1017 .””
    3 later decisions quote this exact passage
  2. ““Whoever, purposely and maliciously, but without premeditation, kills any human being, is guilty of murder in the second degree . . .””
    2 later decisions quote this exact passage
  3. “"Comes now the defendant, by counsel, and moves the Court to grant him a new trial herein for the following reasons: 1. Irregularities in the proceedings of the Court and orders of the Court and abuse of discretion by which the defendant was prevented from having a fair trial, in this, to-wit: a. The Court erred in failing to give defendant's tendered Preliminary Instruction number 1. b. The Court erred in failing to give defendant's tendered Prelminary Instruction number 2. c. The Court erred in overruling the defendant's motion for a continuance of said cause. d. The Court erred in denying the defendant's Motion for a directed verdict at the close of the State's case in chief. e. The Court erred in denying the defendant's Motion for a directed verdict at the close of all of the evidence given in said cause. 2. That the verdict of the jury is not sustained by sufficient evidence. 3. That the verdict is contrary to law. WHEREFORE, defendant prays the Court to grant a New Trial herein." "MEMORANDUM The Court erred in failing to give defendant's tendered Preliminary Instructions 1 and 2 in that these instructions were the latest expression of the Indiana General Assembly concerning the punishment for second degree murder and manslaughter. Chapter 95 of the Acts of the Indiana General Assembly, 1969, approved by the Governor on March 8, 1969 changes the existing penalty for second degree murder and provides for an alternative penalty of either life or imprisonment for not less t”
    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.