Ham v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the trial court erred when it instructed the jury that a defendant’s “refusal to submit to a chemical test may be considered as evidence of intoxication”
• disapproving instruction stating, “A [D]efendant’s refusal to submit to a chemical test may be considered as evidence of intoxication” in part because it “unnecessarily emphasiz[ed] one evidentiary fact”
• instructions that unnecessarily emphasize one particular evidentiary fact, witness, or phase of a case have long been disapproved
• “Whether a defendant’s refusal to submit to a chemical test is evidence of intoxication or merely that the defendant refused to take the test is for the lawyers to argue and the jury to decide.”
• jury instruction improperly highlighted fact defendant refused to take chemical test

Source: CourtListener parenthetical corpus (CC0).

Cited by

14 cases in this archive cite this case.

• Gravens v. State
  Indiana Court of Appeals· 2005-11-03· cited 52×
• Ryan Shelby v. State of Indiana
  Indiana Court of Appeals· 2013-04-24· cited 51×
• Newbill v. State
  Indiana Court of Appeals· 2008-04-16· cited 22×
• Koch v. State
  Indiana Court of Appeals· 2011-08-24· cited 19×
• Fowler v. State
  Indiana Court of Appeals· 2009-01-29· cited 16×
• Marks v. State
  Indiana Court of Appeals· 2007-04-18· cited 8×
• Audie Wilson v. State of Indiana
  Indiana Court of Appeals· 2014-01-28· cited 7×
• Adkins v. State
  Indiana Court of Appeals· 2007-07-19· cited 3×
• Audie Wilson v. State of Indiana
  Indiana Court of Appeals· 2013-10-18· cited 3×
• Athena Y. Collins v. State of Indiana
  Indiana Court of Appeals· 2012-03-23
• William L. Holt v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2015-02-13
• Valonte Deshoun Smith v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2020-06-17
• Carl Murray v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2020-09-14
• James J. Harroll v. State of Indiana
  Indiana Court of Appeals· 2025-04-04

Cites

8 cases in this archive are cited by this case.

• Dill v. State
  Indiana Supreme Court· 2001-02-07· cited 155×
• Ludy v. State
  Indiana Supreme Court· 2003-03-06· cited 128×
• Carter v. State
  Indiana Supreme Court· 2002-04-22· cited 73×
• Schmidt v. State
  Indiana Court of Appeals· 2004-10-28· cited 53×
• Hurt v. State
  Indiana Court of Appeals· 1990-05-15· cited 29×
• Luckhart v. State
  Indiana Court of Appeals· 2003-01-09· cited 10×
• Stoltmann v. State
  Indiana Court of Appeals· 2003-08-15· cited 9×
• Ham v. State
  Indiana Court of Appeals· 2004-06-30· cited 4×