Lenoir v. State

Cedric LENOIR, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below)

Lenoir v. State, 515 N.E.2d 529 (Ind. 1987)

Court: Indiana Supreme Court · State Highest Courts
Decided: November 25, 1987
Docket: No. 45S00-8611-CR-953
Judges: Dickson, Shepard, Debruler, Givan, Pivarnik
Citations: 515 N.E.2d 5291987 Ind. LEXIS 1137

Cited by 11 1 descriptions by later courts

Opinion — Dickson

DICKSON, Justice.

Defendant was convicted of robbery, a class B felony. In this direct appeal, defendant contends that the trial court erred in finding a sufficient independent basis for his in-court identification by the victim.

The State correctly asserts that this alleged error was waived by defendant's failure to present timely objection at trial. Whitt v. State (1986), Ind., 499 N.E. 2d 748 . An objection to allegedly improper testimony is required at the critical point in the trial when the evidence is offered so that it might be corrected by the trial court at that time. Hunt v. State (1983), Ind., 455 N.E.2d 307, 315 . The requirement for timely objection at trial, with resulting waiver in its absence, applies notwithstanding a trial court's pre-trial ruling on admissibility of such evidence. Taylor v. State (1984), Ind., 469 N.E.2d 735 ; Jones v. State (1981), Ind., 425 N.E.2d 128 .

Judgment affirmed.

SHEPARD, C.J., and DeBRULER, GIVAN and PIVARNIK, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(failure to object to in- court identification at trial waived issue for appellate review, even though the court had addressed the same issue prior to trial)

Lowery v. State of Ind. (mem. dec.), No. 18A-CR-2991 (Ind. Ct. App. Sept. 6, 2019)

Cited by 11 cases

View all citing references →

State Appellate Courts11

Relies on it most ⓘ

Donaldson v. Indianapolis Public Transportation Corp.632 N.E.2d 1167 (Ind. Ct. App. 1994)
Wohlwend v. Edwards796 N.E.2d 781 (Ind. Ct. App. 2003)
Reynolds/Herr v. State582 N.E.2d 833 (Ind. Ct. App. 1991)
Morales v. State749 N.E.2d 1260 (Ind. Ct. App. 2001)
Miller v. State634 N.E.2d 57 (Ind. Ct. App. 1994)
Pinkston v. State821 N.E.2d 830 (Ind. Ct. App. 2005)

Most recent

Calvin Lowery v. State of Indiana (mem. dec.)No. 18A-CR-2991 (Ind. Ct. App. Sept. 6, 2019)
Pinkston v. State821 N.E.2d 830 (Ind. Ct. App. 2005)
Wohlwend v. Edwards796 N.E.2d 781 (Ind. Ct. App. 2003)
Morales v. State749 N.E.2d 1260 (Ind. Ct. App. 2001)
Hackney v. State649 N.E.2d 690 (Ind. Ct. App. 1995)
Donaldson v. Indianapolis Public Transportation Corp.632 N.E.2d 1167 (Ind. Ct. App. 1994)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Hunt v. State, 455 N.E.2d 307 (Ind. 1983)	37
	Jones v. State, 425 N.E.2d 128 (Ind. 1981)	34
	Whitt v. State, 499 N.E.2d 748 (Ind. 1986)	17
	Taylor v. State, 469 N.E.2d 735 (Ind. 1984)	11

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