Indiana Supreme Court· 12/10/2009
Wilkes v. State
Citations
- 917 N.E.2d 675
- 2009 Ind. LEXIS 1516
- 2009 WL 4722388
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that although Indiana Trial Rule 49 abolished special verdict forms, use of the form is necessitated by the Sixth Amendment to the United States Constitution as interpreted by Apprendi and Ring
- holding that defendant was not entitled to a Miranda readvisement where his second interview occurred less than four hours after his first interview ended
- concluding that Wilkes’s statements were voluntary where he did not argue on appeal that he was unaware of what he was saying when giving the statements and officers testified he did not appear intoxicated
- concluding that the evidence supported the conclusion that Wilkes did not unequivocally assert his right to remain silent where, after each of Wilkes’s purported attempts to end the interrogation, he continued to speak with the detective
- stating that intoxication renders a confession involuntary only when a defendant is unaware of what he is saying
- noting that it may be appropriate for Court of Appeals of Indiana | Memorandum Decision 18A-CR-2744 | August 28, 2019 Page 10 of 14 the trial court to assess the defendant’s demeanor in determining the voluntariness of his prior statements
Source: CourtListener parenthetical corpus (CC0).
Judges: Boehm, Dickson, Rucker, Shepard, Sullivan
Read full opinion on CourtListenerCited by
48 cases in this archive cite this case; the 20 most cited are listed.
- Treadway v. StateIndiana Supreme Court· 2010-04-08· cited 117×
- Daniel Ray Wilkes v. State of IndianaIndiana Supreme Court· 2013-04-04· cited 83×
- Croy v. StateIndiana Court of Appeals· 2011-09-01· cited 82×
- Wenzel Williams v. State of IndianaIndiana Supreme Court· 2015-10-26· cited 66×
- Jeffrey A. Weisheit v. State of IndianaIndiana Supreme Court· 2015-02-18· cited 57×
- Carltez Taylor v. State of IndianaIndiana Supreme Court· 2017-12-05· cited 51×
- Healey v. StateIndiana Court of Appeals· 2012-06-11· cited 48×
- Baer v. StateIndiana Supreme Court· 2011-01-26· cited 44×
- Washington v. StateIndiana Court of Appeals· 2011-01-21· cited 38×
- D.M. v. StateIndiana Supreme Court· 2011-06-22· cited 36×
- Duane Turner v. State of IndianaIndiana Court of Appeals· 2012-09-19· cited 35×
- Revis v. StateCourt of Criminal Appeals of Alabama· 2011-01-13· cited 31×
- Sterlen Shane Keller v. State of IndianaIndiana Court of Appeals· 2013-04-04· cited 20×
- Steven E. Malloch v. State of IndianaIndiana Court of Appeals· 2012-12-21· cited 19×
- Fredrick Allen Laux v. State of IndianaIndiana Court of Appeals· 2013-02-20· cited 14×
- Robert Carr III v. State of IndianaIndiana Court of Appeals· 2018-07-23· cited 10×
- J.G. v. State of IndianaIndiana Court of Appeals· 2018-01-31· cited 9×
- State v. PittmanNew Jersey Superior Court App Division· 2011-05-13· cited 7×
- Joshua Sage v. State of IndianaIndiana Court of Appeals· 2018-12-05· cited 5×
- Keith v. StateIndiana Court of Appeals· 2019-06-20· cited 3×
Cites
42 cases in this archive are cited by this case; the 20 most cited are listed.
- Apprendi v. New JerseySupreme Court· 2000-06-26· cited 28,372×
- Lockett v. OhioSupreme Court· 1978-07-03· cited 5,026×
- Ring v. ArizonaSupreme Court· 2002-06-24· cited 4,683×
- Eddings v. OklahomaSupreme Court· 1982-01-19· cited 3,271×
- Tennard v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionSupreme Court· 2004-06-24· cited 1,965×
- Lego v. TwomeySupreme Court· 1972-01-12· cited 1,930×
- Anglemyer v. StateIndiana Supreme Court· 2007-06-26· cited 1,831×
- Skipper v. South CarolinaSupreme Court· 1986-04-29· cited 1,534×
- Anglemyer v. StateIndiana Supreme Court· 2007-10-30· cited 1,479×
- Weeks v. AngeloneSupreme Court· 2000-01-19· cited 795×
- Thompson v. StateIndiana Supreme Court· 2004-03-23· cited 150×
- Ritchie v. StateIndiana Supreme Court· 2004-05-25· cited 142×
- Pruitt v. StateIndiana Supreme Court· 2005-09-13· cited 135×
- Ritchie v. StateIndiana Supreme Court· 2007-11-08· cited 121×
- Sweeney v. StateIndiana Supreme Court· 1998-12-18· cited 114×
- Anderson v. TerhuneNinth Circuit· 2008-02-15· cited 86×
- Light v. StateIndiana Supreme Court· 1989-12-15· cited 77×
- Malinski v. StateIndiana Supreme Court· 2003-09-03· cited 73×
- Trusley v. StateIndiana Supreme Court· 2005-06-17· cited 65×
- Clark v. StateIndiana Supreme Court· 2004-05-19· cited 65×
Sourced from CourtListener / Free Law Project (CC0).
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