Case law

William Clyde Gibson, III v. State of Indiana

Indiana Supreme Court · Oct 24, 2019

The defendant bears the burden of establishing his claims by a preponderance of the evidence. P.-C.R. 1(5). … A review of the record clearly shows that the defense team met this standard by the time Gibson first went to trial.

Shipman v. State

243 Ind. 245 · Indiana Supreme Court · Jun 26, 1962

question to be answered over the objection of the appellant. (5) That the court erred in allowing a child of seven, and a child of nine and a half years of age to testify, on the ground that neither of said children were qualified … his conduct prior to the act charged, over objection, for the reason that said witness was a surprise witness, and for the further reason that evidence of other misconduct can be admitted only after the crime charged is clearly

State Ex Rel. Johnson v. Boyd

217 Ind. 348 · Indiana Supreme Court · Jun 28, 1940

requires that a conclusion of law should be stated upon every issue of fact formed by the pleadings and tried by the court, bare conclusions as to which party should recover judgment may be held sufficient in cases where it clearly … Membership in any particular church can neither legally qualify nor disqualify a teacher.

State Ex Rel. Mavity v. Tyndall

224 Ind. 364 · Indiana Supreme Court · May 24, 1946

His fingerprints, if they are to be of any value to the police, must be filed in a cabinet and indexed in such a manner that they may be found by one who is qualified to read them. … By amending his complaint the issues for trial may and should be more simply and clearly stated.

Shutt v. State

267 Ind. 110 · Indiana Supreme Court · Oct 21, 1977

Venables, a qualified pathologist, testified that he did an autopsy on the body of the decedent and made several tests, including tests of the blood of the decedent. … It appears very clearly that the decedent had come to the pool hall for the express purpose of having a physical confrontation with the defendant and was not going to be denied.

Board of Zoning Appeals v. Leisz

702 N.E.2d 1026 · Indiana Supreme Court · Dec 2, 1998

The landowners make a qualified concession in this regard: “The Leiszs concede that the city may require a grandfather registration form to be filled out by lawful, pre-existing, non-conforming use and that recordkeeping … Accordingly, we now re-examine our holding in Ailes , which clearly represents a minority view and is inconsistent with decisions in other jurisdictions interpreting the federal constitution.

Bundy v. McKnight

48 Ind. 502 · Indiana Supreme Court · Nov 15, 1874

It is argued that the court should have qualified the word influence by the use of .the words “ fair and reasonable.” … The facts proved very clearly bring the case within the rule laid down in Gilbert v. Knox, 52 N. Y. 125 .

New York, Chicago & St. Louis Railroad v. Singleton

207 Ind. 449 · Indiana Supreme Court · Jun 14, 1934

The *455 theory of the law creating the Commission is that it shall be conscientiously and impartially administered by a body composed of a personnel especially qualified by knowledge, training and experience pertaining to … S. 1852, p. 449, §67) clearly contemplates that when a cause has been transferred from a justice of the peace court to a superior court it shall stand for trial in such superior court as if it had been commenced originally

Shelton v. State

490 N.E.2d 738 · Indiana Supreme Court · Mar 27, 1986

The evidence is clearly sufficient to sustain his convictions. II. … Those statutes indicate that the offenses qualified as felonies under Ind.

Cromie v. Board of Trustees of the Wabash & Erie Canal

71 Ind. 208 · Indiana Supreme Court · Nov 15, 1880

companies changing or diverting said canal to any other purpose than navigating the same with boats and other water craft, in the transportation of persons or property along said canal, shall forfeit all rights, privileges and immunities … Having established this principle beyond controversy, as I think, let us apply it to the case before us.

Naugle v. Beech Grove City Schools

864 N.E.2d 1058 · Indiana Supreme Court · Apr 27, 2007

Unlike the Anti- trust Act, which viewed governmental entities as victims, the Wage Payment Statute clearly sees employees, public or private, as the persons to be protected. … Indiana Code section 22-2-5-1(a) clearly states that employers “shall pay each employee at least semimonthly or biweekly, if requested, the amount due the employee.” (emphasis added).

Hyland v. Rochelle

179 Ind. 671 · Indiana Supreme Court · Feb 13, 1913

Much of the very able briefs of the distinguished counsel for appellants is addressed to an effort to establish the status of the judge of the City Court of the City of Indianapolis as a judge of this State and in a general … No one would claim that this court, or the Appellate Court or any probate court, or any juvenile court, or any city court could qualify as a proper tribunal for the purpose under the words used.

Budkiewicz v. Elgin, Joliet & Eastern Railway Co.

238 Ind. 535 · Indiana Supreme Court · Jun 10, 1958

In- this regard it is to be noted that the word “remain” which qualifies the “standing” of such cars is defined in- Webster’s New International Dictionary as follows: “To be left after others have been removed' or -destroyed … The diligent adherence of our courts to the doctrine -of stare decisis has established our courts as the stabiliz *556 ing force of our society.

Gagg v. Vetter

41 Ind. 228 · Indiana Supreme Court · Nov 15, 1872

duty is enjoined in consideration of the privileges and immunities which the act of incorporation confers and secures. … The first fact being proved, the more perfectly - the structure of the work is justified, the more clearly its misuse is shown.

Whittington v. State

669 N.E.2d 1363 · Indiana Supreme Court · Aug 7, 1996

Whittington's Conviction Whittington has established that the state restricted his expressive activity. … But while the Indiana Constitution does not grant unlimited legislative power, neither does it establish a system of expressly enumerated powers.

State Ex Rel. Harris v. Scott Circuit Court

437 N.E.2d 952 · Indiana Supreme Court · Jul 20, 1982

This Court has already established that it will issue a writ of mandate and prohibition to compel the performance of any duty enjoined by law upon a trial court. … The record clearly indicates that the respondent trial judge admitted to Gordonier that such intense conflict had developed in this case that the parties could not proceed with Hoodenpyl involved.

Beck v. State

256 Ind. 318 · Indiana Supreme Court · Apr 22, 1971

The State of Indiana filed an action in condemnation against the appellants for the acquisition of certain land for the purposes of improving an existing highway, including the establishing of a limited access highway where … If reduced access has not affected such use, then clearly it has not affected the value of the residue.

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Lightheiser

168 Ind. 438 · Indiana Supreme Court · Oct 31, 1906

To hold otherwise would establish in its full vigor the fellow-servant rule, which the statute was intended to abrogate as to the employes mentioned. American Rolling Mills Co. v. … When the subject-matter is once clearly ascertained and its general intent, a key is found to its intricacies; general words may be restrained to it, and those of narrower import may be expanded to embrace it to effectuate

State ex rel. Pennsylvania Railroad v. Iroquois Conservancy District Court

235 Ind. 353 · Indiana Supreme Court · Apr 20, 1956

the formation of new counties, and to change county boundaries/ approved March 7, 1857, so as to allow new counties to be formed out of territories of less than four hundred square miles, and prescribing how the number of qualified … Section 10 provides for a case where the judge of one circuit would exercise all the jurisdiction of the judge of another circuit, such as would be exercised by a judge pro tempore, and it clearly has no application where

Gerrick v. State

451 N.E.2d 327 · Indiana Supreme Court · Jul 27, 1983

Upon examining the record we find appellant is clearly incorrect in his assertion that the subject matter was not covered in an instruction that was given. … Appellant contends the evidence in this case is insufficient because it does no more than establish a suspicion of guilt. See Dunn v. State, (1978) 260 Ind. 142 , 293 N.E.2d 32 ; Manlove v.