Williams v. State’s Empirical Analysis
2008
Citation profile
12
cited by 12 later decisions
1
states following
December 2013
most recently cited
12 state decisions
Relationships
Relies on Richardson v. State · McHenry v. State · Jones v. State · FD Borkholder Co., Inc. v. Sandock · Fletcher 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An intent to defraud involves an intent to deceive and thereby work a reliance and an injury.”
2 later decisions quote this exact passage“The grant or denial of a motion to dismiss made under Trial Rule 41(B) is reviewed under the clearly erroneous standard. Taflinger Farm v. Uhl, 815 N.E.2d 1015, 1017 (Ind.Ct.App.2004). In reviewing a motion for involuntary dismissal, this court will not reweigh the evidence or judge the credibility of the witnesses. Id. We will reverse the trial court only if the evidence is not conflicting and points unerringly to a conclusion different from the one reached by the lower court. Chemical Waste Mgmt. of Ind., L.L.C. v. City of New Haven, 755 N.E.2d 624, 635 (Ind.Ct.App.2001). 2006). In a criminal action, "[the defendant's [Trial Rule 41(B)] motion is essentially a test of the sufficiency of the State's evidence." Workman v. State, 716 N.E.2d 445, 448 (Ind.1999). Notably, our review of the denial of the motion for involuntary dismissal is limited to the State's evidence presented during its case-in-chief. See Harco, Inc. v. Plainfield Interstate Family Dining Assocs., 758 N.E.2d 931, 938 (Ind.Ct.App.2001); see also Stephenson v. Frazier, 425 N.E.2d 73, 74 (Ind.1981) ("Our review of the denial of the motion for involuntary dismissal ... is limited to an examination of the evidence most favorable to [the State] which was presented prior to the filing of the motion.") (quoting F.D. Borkholder Co. v. Sandock, 274 Ind. 612 , 413 N.E.2d 567 , 570 n. 2 (1980)), superceded on other grounds, Ind. Trial Rule 41(B) (as amended Nov. 4, 1981).”
1 later decision quote this exact passagee.g. Todd v. State“In Richardson v. State (1999) Ind., 717 N.E.2d 32 , our Supreme Court established a two-part test for analyzing double jeopardy claims under the Indiana Constitution and concluded: "two or more offenses are the 'same offense' in violation of Article I, Seetion 14 of the Indiana Constitution, if, with respect to either the statutory elements of the challenged crimes or the actual evidence used to convict, the essential elements of one challenged offense also establish the essential elements of another challenged offense." Richardson, supra at 49 . Thus, even if there was no double jeopardy violation in the present case based upon the essential statutory elements of the crimes of forgery and theft, a violation may still have occurred if the actual evidence presented at trial demonstrates that each offense was not established by separate and distinct facts. The defendant must demonstrate a reasonable possibility that the evidentiary facts used by the fact-finder to establish the essential elements of one offense may also have been used to establish the essential elements of a second challenged offense.”
1 later decision quote this exact passagee.g. Williams 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.