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Payne v. State

Citations

  • 484 N.E.2d 16
  • 1985 Ind. LEXIS 1001

How courts have described this case

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

  • stating that ”[g]enerally, the failure to file a proper motion to dismiss raising the Constitutional challenge waives the issue on appeal”
  • acknowledging doctrine of waiver but considering unpreserved constitutional challenge where State did not raise waiver issue
  • acknowledging doctrine of waiver but considering unpreserved constitutional challenge where State did not raise waiver issue
  • acknowledging doctrine of waiver but considering unpreserved constitutional challenge where State did not raise waiver issue
  • acknowledging doctrine of waiver but considering unpreserved constitutional challenge where State did not raise waiver issue
  • “Nevertheless, particularly in view of the fact that the State has not raised the waiver issue, we have decided to consider the merits of the contention in this case.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Prentice, Givan, Debruler, Pi-Varnik, Shepard

Read full opinion on CourtListener

Cited by

34 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.