Case law

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.

Louisville & Jeffersonville Ferry v. Nolan

135 Ind. 60 · Indiana Supreme Court · Sep 21, 1893

From the foregoing summary of uncontested facts, the following propositions are established: First. The appellant, on the occasion referred to, was a common carrier of passengers. Second. … From the facts established in this cause, by the appellee, and the authorities cited, it was clearly the duty of the appellant to prove a complete negative of the averments in these respects in order to defeat the appellee

Sanger v. Bacon

180 Ind. 322 · Indiana Supreme Court · May 29, 1913

The allowance or refusal of amendments to the pleadings in a cause is in the discretion of the trial court and an order allowing or refusing such amendment will not be disturbed on appeal unless it clearly appears that the … This was sufficient to qualify him to express an opinion as to decedent’s mental condition at the time indicated and left it to the jury to determine what weight, if any, should be given to his testimony.

Indiana Civil Rights Commission v. Culver Educational Foundation

535 N.E.2d 112 · Indiana Supreme Court · Mar 3, 1989

Bernauer, who was qualified as both a remedial reading instructor and a librarian, worked as a temporary librarian in Maryland for six months in 1976. … We find this issue was clearly raised by Culver in the court of appeals and the issue was not addressed in the court of appeals' opinion.

Cook v. State

734 N.E.2d 563 · Indiana Supreme Court · Sep 6, 2000

In response to the State’s argument, Cook conceded in his reply brief that “the record does not clearly establish the trial court judge rode on the bus with the jury to view the crime scene in the case at bar … In essence, Cook failed to establish the factual predicate upon which his expert’s testimony would have rested.

Hendricks v. State Ex Rel. Northwest Indiana Crime Commission, Inc.

245 Ind. 43 · Indiana Supreme Court · Feb 17, 1964

Constitution] are clearly distinguishable, and, therefore, the cases decided under the latter constitutional provision are not controlling of the case now before us. … Reasonably, it would mean the bill, as described and qualified in the previous clause of the same sentence.

Leone v. COM'R, BUREAU OF MOTOR VEHICLES

933 N.E.2d 1244 · Indiana Supreme Court · Sep 10, 2010

Public Interest Finally, the public interest element of the law on injunctions clearly favors the Bureau. … Requiring the Bureau to recognize names without verification would just as clearly disserve that interest.

Burris v. State

465 N.E.2d 171 · Indiana Supreme Court · Jun 29, 1984

Louisiana] clearly establishes that the ‘venires from which juries are drawn must not systematically exclude distinctive groups in the community and thereby fail to be reasonably representative thereof.’ … Although it is probable that he spent other nights there, Burris had not shown how often or how long, and clearly failed to establish that he “lived” in Debra Wilkins’ apartment.

Castor v. State

587 N.E.2d 1281 · Indiana Supreme Court · Mar 2, 1992

jurors from those who are not death-qualified. … This Court held that the evidence in that case "clearly established that appellant had the ability and a timely opportunity to ascertain that his victim was a law enforcement officer acting in the course of his duty" and

Pulos v. James

261 Ind. 279 · Indiana Supreme Court · Oct 30, 1973

“Section 23: The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.” … The court clearly had jurisdiction of contracts between the parties and equitable jurisdiction to issue an injunction under the. circumstances alleged.

Snyder v. King

958 N.E.2d 764 · Indiana Supreme Court · Dec 15, 2011

Contrary to the State’s assertions, this argument clearly is supported by the case law. … Our method of constitutional interpretation is well-established.

Daniels v. State

528 N.E.2d 775 · Indiana Supreme Court · Sep 23, 1988

He was qualified as an expert witness in the forensic use of hypnosis. The gist of Dr. … Accordingly, Petitioner’s argument fails to establish appellate counsel was ineffective under the Strickland guidelines, thereby failing to demonstrate any error.”

Richardson's RV, Inc. v. Indiana Department of State Revenue

112 N.E.3d 192 · Indiana Supreme Court · Dec 5, 2018

Code § 33-26-1-1 (2004)) (establishing the Indiana Tax Court); July 18, 1986, Order Adopting Rules for the Indiana Tax Court (found in volume 494–496 of Ind. … Cases ed. of N.E.2d at XXXIV) (adopting Rule 10’s “clearly erroneous” standard).

McClelland v. State ex rel. Speer

138 Ind. 321 · Indiana Supreme Court · Jun 20, 1894

S. 1881, p. 13, declaring its purpose and object in these words: “To the end that justice be established, public order maintained, and liberty perpetuated.5 ’ Counsel say, the first object named is that “justice be established … shall not grant to any citizen, or class of citizens, priv•ileges or immunities which, upon the same terms, shall not equally belong to all citizens,” and that the power of taxation vested in the Legislature is limited and

Pruitt v. State

903 N.E.2d 899 · Indiana Supreme Court · Mar 31, 2009

He contends that in light of this latter test, the PC court's findings are "clearly erroneous," (Br. of Pet. … "The critical inquiry is whether the findings adopted by the court are clearly erroneous." Id. (citing Woods v.

Edgerock Development, LLC v. C.H. Garmong & Son Inc

Indiana Supreme Court · Jun 3, 2025

Those same examples are also listed earlier in the statute when establishing which vendors and which work qualify for a lien. … And again, that list mirrors the examples earlier in the statute establishing which vendors and which work qualify for a lien.

Larry E. Jaggers v. State of Indiana

Indiana Supreme Court · Nov 3, 1998

of the information had not been established). … However, Leon cautioned that certain police conduct would not qualify for this exception, including where (1) the magistrate is “misled by information in an affidavit that the affiant knew was false or would have known was

Indiana Right to Life Victory Fund v. Diego Morales

Indiana Supreme Court · Sep 25, 2023

Sarkes Tarzian’s $10,000 donation would qualify as a contribution. … established constitutional limits.

Rowe v. State

539 N.E.2d 474 · Indiana Supreme Court · Jun 15, 1989

In the case at bar, the following instance-es are cited by appellant as examples of the trial court's "misconduct": 1) qualifying sua sponte a police officer witness as competent to relate the street price of cocaine in response … At trial, a defendant bears the burden of establishing his insanity defense by a preponderance of the evidence. Ind.Code § 35-41-4-1(b).