Case law

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....

Henri v. Curto

908 N.E.2d 196 · Indiana Supreme Court · Jun 17, 2009

Henri object to Instruction No. 14, which purported to present the elements required to be proven to establish Mr. Curto's coun- terclaim. Finally, Ms. … A strict, literal application of the qualifying phrase "appropriately preserved during trial" in Rule 59(A) would preclude a party from presenting an appellate challenge of insufficient evi- dence despite the party having

White v. State

547 N.E.2d 831 · Indiana Supreme Court · Dec 15, 1989

Appellant has failed to demonstrate that he was placed in a position of grave peril establishing abuse of the trial court’s discretion in denying his motion for mistrial. Johansen v. … Academy, along with her service as a fingerprint file clerk for the Evansville Police Department, were insufficient to qualify her as an expert witness in the field of fingerprint identification and comparison.

David E. Corbett v. State

Indiana Supreme Court · Mar 19, 2002

review of this claim despite the defendant's failure to establish that he properly raised the issue at trial. … When a defendant alleges that the trial court failed to identify or find a mitigating circumstance, the defendant must establish that the mitigating evidence is both significant and clearly supported by the record.

Boehm v. Town of St. John

675 N.E.2d 318 · Indiana Supreme Court · Dec 23, 1996

Article 10, Section 1, does not immunize legislative policy judgments from judicial oversight, but rather establishes mandatory minimum requirements for our system of property assessment and taxation. … The necessity of these further proceedings requires vacating the deadline established by the Tax Court.

Edwards v. Jagers

19 Ind. 407 · Indiana Supreme Court · Nov 15, 1862

annually thereafter, one trustee, in each township in the county, was to be elected by the voters thereof, which trustees, when so elected, were to hold their offices one year, and until their successors were elected and qualified … An extract from the opinion of the Supreme Court, in the Dartmouth College case, will clearly elucidate this proposition.

AB v. State

949 N.E.2d 1204 · Indiana Supreme Court · Jun 29, 2011

It is acceptable that the legislature has established a process for the state to pay for placement and a process for the county to be ultimately responsible. … But we cannot agree that the new provision is immune from any judicial review whatsoever. It is well established that Article 7 section 4 of the Indiana Constitution confers plenary appellate jurisdiction on this Court.

State Ex Rel. Fry v. Superior Court of Lake County

205 Ind. 355 · Indiana Supreme Court · Jun 30, 1933

And where such rights are not clearly involved, the relief will be denied.” The text is well supported by authority, among which are: In re Sawyer (1888), 124 U. S. 200 , 8 S. Ct. 482 , 31 L. … The cases upon the subject are well and clearly distinguished in the case of Paulk v. City of Sycamore (1898), 104 Ga. 24 , 30 S. E. 417 , 41 L. R. A. 772, 69 Am. St. Rep. 128 .

Vanosdol, Receiver v. Henderson, Admr.

216 Ind. 240 · Indiana Supreme Court · Oct 11, 1939

It was alleged in the plea that the Union Traction Company was a domestic corporation, organized under the laws governing street railroad companies; that appellant was the duly appointed, qualified, and acting receiver of … Statutes creating rights not given by the common law are always strictly construed and one seeking relief thereunder must bring himself clearly within the terms of the act. Shake v.

Evans v. Yankeetown Dock Corp.

491 N.E.2d 969 · Indiana Supreme Court · Apr 15, 1986

Before addressing these specific issues, we observe that the present system of workmen's compensation in Indiana was essentially established with the Workmen's Compensation Act of 1929. … The necessary existence of a causal connection between the injury and the employment is clearly necessary to qualify for workman's compensation - benefits. - Donahue v.

Robertson v. State ex rel. Smith

109 Ind. 79 · Indiana Supreme Court · Feb 23, 1887

The question upon which the relator, Smith, here seeks an adjudication, however, very clearly, is neither a political nor a legislative question. … Clearly, a proceeding by information against a usurper into an executive office, is not an encroachment upon the executive department of the government.

Wooley v. State

716 N.E.2d 919 · Indiana Supreme Court · Sep 29, 1999

Otherwise stated, the trial court is not bound by its own self-imposed deadlines as long as the parameters established by the Rule are met. … This claim requires Woo- *931 ley to establish that the offered mitigating evidence is both significant and clearly supported by the record. Carter v. State, 711 N.E.2d 835 (Ind.1999); see also Crawley v.

Kissel v. Lewis

156 Ind. 233 · Indiana Supreme Court · Feb 22, 1901

Christian, a competent and disinterested attorney of this' State, in good standing, who consented to serve, and was duly, qualified as -other judges, his appointment and oath being entered ón the order-book.' … But, j¡ even if valid, the license afforded the appellant no protec-'.jj. tion from the civil consequences of the unlawful and immoral practices set forth in the complaint and special find *246 ings, .and clearly established-by

Bryant v. State

256 Ind. 587 · Indiana Supreme Court · Jul 9, 1971

E. 2d 649 , that the Court had no legal authority for establishing such a specific medical examination as a means of proof. … Guilt is not established by mere opportunity to commit crime, nor can a conviction be sustained on speculation or conjecture.

Raymundo v. Hammond Clinic Ass'n

449 N.E.2d 276 · Indiana Supreme Court · May 31, 1983

The assertion of conclusions of law or opinions by one not qualified to testify to such, by affidavit, will not suffice." (Emphasis added). … Raymundo's affidavits as true, it was established that there were 'portions of Lake County which were not served by the Hammond Clinic * * *."

Bridgestone Americas Holding, Inc. v. Mayberry

878 N.E.2d 189 · Indiana Supreme Court · Dec 18, 2007

We conclude that the engineer’s affidavit adequately demonstrates that the skim stock formula qualifies as a trade secret under Ind. … This part of the balancing test requires relevance to be affirmatively re- established, providing an additional safeguard for the underlying trade secret.6 Meanwhile, it is clear from the case law that establishing

State v. Van Cleave

674 N.E.2d 1293 · Indiana Supreme Court · Dec 19, 1996

Van Cleave’s intoxication clearly did not preclude him from forming the intent required for felony murder in this case. … We do not, and need not, reweigh this evidence here because even taking it as true Van Cleave would have failed to qualify for the intoxication defense for the reasons we have discussed. 22 .

Montgomery Light & Power Co. v. Town of Linden

217 Ind. 471 · Indiana Supreme Court · Oct 8, 1940

. *476 *475 The proposition most seriously contended for by the ■ appellant is that it was given no notice of a hearing *476 before the Board of Trustees on the petition of the qualified voters for the acquisition of the … By § 54-612, Burns’ 1933, § 14029, Baldwin’s 1934, the legislature has clearly shown that it intended by the provisions of § 98 of said Acts of 1913 even as amended by § 10, ch. 190, Acts of 1933, only to provide a notice

Prudential Insurance Co. of America v. Moore

197 Ind. 50 · Indiana Supreme Court · Dec 8, 1925

years, and has not been heard of or seen by any one since then; that he left no will, and thereafter letters *53 of administration on his estate were duly issued to plaintiff by the Lawrence Circuit Court, under which she qualified … would have been embraced within the subject expressed in the title, may be subsequently incorporated into such original act by a supplemental or amendatory act; and this may be done *58 without title, beyond a statement clearly

Indiana Department of State Revenue v. Hardware Wholesalers, Inc.

622 N.E.2d 930 · Indiana Supreme Court · Oct 26, 1993

Ryan (1940), 217 Ind. 482 , 29 N.E.2d 202 (finding no evidence that term “qualified licensed engineer” used differently in two distinct acts.) … funds transactions under repurchase agreements between HWI and the bank were not “deposits ... in banks in Indiana” for purposes of exemption from the intangibles tax, and that the Tax Court’s judgment to the contrary is clearly