Case law

In the Matter of Lemond

274 Ind. 505 · Indiana Supreme Court · Dec 2, 1980

Code § 31-6-4-8 (Burns 1979 Supp.) establishes the next steps to be followed in *247 acquiring or establishing jurisdiction in a CHINS proceeding. … As this section clearly establishes, such orders are proper only where a physician has certified that an emergency exists.

Conner v. State

711 N.E.2d 1238 · Indiana Supreme Court · May 25, 1999

The court’s decision is not clearly erroneous. 5. … Under these unusual facts, this Court determined that “[t]he undisputed facts, standing alone, clearly establish that Williams received ineffective assistance,” id. at 1267 , and that, “[i]n addition to revealing substandard

State v. Hoovler

668 N.E.2d 1229 · Indiana Supreme Court · Aug 7, 1996

Based on the 1990 United States census, Tippecanoe County is presently the only county that comes within the population classification established by P.L. 44-1994, Section 6(h). … However, this question may arise in a future case if the population limits operate to exclude another county that would otherwise qualify because of EPA Superfund sites and governmental unit PRPs. . 42 U.S.C. §§ 9601-9675

State ex rel. Warren v. Ogan

159 Ind. 119 · Indiana Supreme Court · Mar 13, 1902

It will be observed that the statute that establishes school corporations provides that they shall be “distinct municipal corporations for school purposes.” … Clearly from the corporations of the civil townships, towns and cities. Language could scarcely make it plainer.”

Johnson v. State

472 N.E.2d 892 · Indiana Supreme Court · Jan 11, 1985

Varon, Searches Seizures and Immunities 876 (1974). … The record clearly shows that defendants had not dem *907 onstrated that their peremptory challenges were exhausted.

Rochester Bridge Co. v. McNeill

188 Ind. 432 · Indiana Supreme Court · Mar 26, 1919

The rule that actionable fraud cannot be based upon the mere expression of an opinion has been qualified until now an expression of an opinion may amount to fraud, where it is a mere contrivance of fraud, or if the person … If, however, the true state of facts would have established that the defendant was negligent and the intestate free from contributory negligence, then the plaintiff had a valuable right of action, the acquirement of which

METRO. DEV. COMM'N v. Pinnacle Media, LLC

836 N.E.2d 422 · Indiana Supreme Court · Nov 3, 2005

Both clearly stand for the proposition that changes in zoning ordinances are “subject to any vested rights,” Lutz, 230 Ind. at 81, 101 N.E.2d at 190; that such changes “are unconstitutional if they disturb or destroy existing … Pinnacle argues that its filing of applications for permits with the State on April 19, 2000, immunized it from the City’s zoning change but we see no basis in law or logic for this proposition.

Smith v. State

420 N.E.2d 1225 · Indiana Supreme Court · May 27, 1981

Also, the lone surviving victim of this incident, Betty Spencer, clearly identified Smith as one of the four killers. I. … This questioning established that Wright had been housed in the same cell as Stonebraker in the Parke and Jasper County jails.

State v. Nixon

270 Ind. 192 · Indiana Supreme Court · Jan 5, 1979

Therefore the asserted mootness, the immunity of the injunction against the Governor from review, does not exist. *154 City of Indianapolis v. … Inasmuch as the Legislature is presumed to have concluded that pari-mutuel wagering was not a lottery, it was the burden of Nixon in the trial court to establish clearly that such wagering was within the constitutional prohibition

Walker v. State

255 Ind. 65 · Indiana Supreme Court · Oct 8, 1970

This Court has, however, followed the policy of deciding appeals on their merit where it is practicable for us to do so, and when the *76 issues have been clearly placed before us. Locke v. … Therefore, inasmuch as the witness was not qualified as being competent to testify to the appellant’s general reputation in the community, and since the testimony he gave related to specific acts or occurrences, the evidence

Huffman v. Indiana Office of Environmental Adjudication

811 N.E.2d 806 · Indiana Supreme Court · Jun 30, 2004

AOPA provides that to qualify for administrative review of an agency order, a person must: (1) States facts demonstrating that: (A) the petitioner is a person to whom the order … Dickson, J., concurs in result without opinion. ----------------------- [1] The OEA was established in 1995 to review decisions made by the commissioner of IDEM. Ind.

Henderson v. Pierce

108 Ind. 462 · Indiana Supreme Court · Dec 16, 1886

In respect to the first proposition, the decision of this court, as clearly set forth in the opinion in the case of Grubbs v. … It may readily be supposed that it was a question in the mind of the assignor whether or not such preferences as were directed in the deed were authorized; hence the qualifying words that the assignee should pay thus and

Smith v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

170 Ind. 382 · Indiana Supreme Court · May 28, 1907

The new company shall, as soon as convenient after the consolidation, establish a principal office, at some point in this state gn the line of its road, and may change the same at pleasure; but public notice of such establishment … This particular taking is manifestly for a local improvement, and clearly authorized both by the act of 1903, supra, and by appellee’s general charter powers.

Shoaf v. Livengood

172 Ind. 707 · Indiana Supreme Court · Jun 1, 1909

Since March 29,1907, appellant has been the duly appointed and qualified guardian of the estate of said infant. The father and mother of the latter are dead. … In the latter month the father married and established a home of his own, and took said child to his home and kept him until a short time prior to December 3, 1907.

Infinity Products, Inc. v. Quandt

810 N.E.2d 1028 · Indiana Supreme Court · Jun 29, 2004

We will not disturb the trial court's findings or judgment unless they are clearly erroneous. … Findings of fact are clearly erroneous when the record lacks any reasonable inference from the evidence to support them, and the trial court's judgment is clearly erroneous if

Cassidy v. INDIANA STATE BD. OF REGIS., ETC.

244 Ind. 137 · Indiana Supreme Court · Jun 26, 1963

"That by the use of signs and a newspaper advertisement in the November 31, 1960 issue of the Chesterton Tribune and the October 31, 1960 issue of the Portage News, Plaintiff held himself out as qualified for the practice … But can it be said that a lawyer, whose office space adjoins the offices of a bank or loan association which advertises its business, with most of his business *149 being related to that establishment, is thereby guilty of

McKEE v. HASLER

229 Ind. 437 · Indiana Supreme Court · May 9, 1951

The Commissioners qualified and filed their preliminary report on May 25, 1949, which report was subsequently amended by the Commissioners. On June 13, 1949 appellants, Raymond S. … This case is clearly distinguished from the case at bar and does not support appellants’ position.

McQuaid v. State Ex Rel. Sigler

211 Ind. 595 · Indiana Supreme Court · Feb 11, 1937

It clearly appears that the conclusion was arrived at upon the theory that marriage does not necessarily affect the efficiency and usefulness of the teacher, and that there are no other considerations which may enter into … If there are unmarried, qualified teachers, residents of the community, who are unemployed, and who may be driven to leave the community and reside elsewhere if they are not employed locally, it is a matter of interest to

Hitch v. State

259 Ind. 1 · Indiana Supreme Court · Jul 7, 1972

The beginning point is the statute, and in this connection the rule has been clearly stated in Watford v. State (1957), 237 Ind. 10, 15 , 143 N. … When it is clearly established that the crime charged was consummated and that the accused, who denies any connection with such crime, is either guilty of the crime charged or none at all, there is no basis for a verdict

Flinn v. State

563 N.E.2d 536 · Indiana Supreme Court · Nov 27, 1990

Code § 35-45-6-1 discussed above, but also by the requirement of § 35-45-6-2 that once a pattern of racketeering activity has been established, it must be connected to an interest in or control of real property or an enterprise … State (1987), Ind., 503 N.E.2d 883, 888 , “[t]he record clearly shows that the trial court was well aware that such sentence had been set aside....