Indiana State Highway Commission v. Vanderbur
Cases that cite this one
3 later published cases cite this decision.
- Mullins v. State (Ind. 1995)
- State v. Cleland (Ind. Ct. App. 1984)
- Capitol Builders, Inc. v. Shipley (Ind. 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
070rehearing
ON PETITION FOR REHEARING
Each Appellee’s Petition for Rehearing raises the issue of retroactive application of Lewis v. State, (1980) Ind.App., 409 N.E.2d 1276, transfer granted 424 N.E.2d 107, and the further issue that the supplemental instruction was not in fact an “Allen charge” proscribed in Lewis, supra.
In the cases of Lewis, supra; Burnett v. State, (1981) Ind.App., 419 N.E.2d 172, transfer granted and opinion vacated Ind., 426 N.E.2d 1314; and Crowdus v. State, Ind., 431 N.E.2d 796 (1982) cases with similar procedural positions as here, all were given retroactive application.
We further observe that in Crowdus the Supreme Court disposed of the second issue. There, it stated:
“With respect to the giving of Supplemental Instruction A, we note that the ruling in Lewis is not limited to Allen [(1896) 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528] charges. Once deliberations commence, the trial court should not give any additional instructions.”
For the above reasons, the Petitions for Rehearing are overruled. Ind.App., 432 N.E.2d 418.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.