Case law

State Ex Rel. Miller v. McDonald

260 Ind. 565 · Indiana Supreme Court · Jul 3, 1973

Chapter 933 of the Municipal Code of Evansville, as amended, establishes two basic classifications. … The renting of living space is clearly a “commercial enterprise”; the landlord provides shelter and services in exchange for rent.

Fry v. State

63 Ind. 552 · Indiana Supreme Court · Nov 15, 1878

It- undertakes to grant to carriers- of passengers privileges and immunities winch it does not extend to other citizens upon the same terms, or upon any terms whatever.” … It must appear very clearly, that the legislation is in conflict with some express provision of the constitution, or the statute will be upheld.

Town of Longview v. City of Crawfordsville

68 L.R.A. 622 · Indiana Supreme Court · Jan 13, 1905

It is insisted by appellant that said act is in conflict with the Constitution of this State,because it is a special law, and because it grants privileges ;and immunities to citizens and a “class of citizens” which, ■upon … voters of the town and a majority of the qualified voters of the city shall vote in favor thereof at the election to be held for that purpose.

Eddie Trail and Katrinka Trail v. Boys and Girls Clubs of Northwest Indiana

845 N.E.2d 130 · Indiana Supreme Court · Apr 12, 2006

The appellees argue that Trail failed to establish any of the elements of a claim for defamation. Not so. Trail has sufficiently pled the publication requirement. … Attempting a balanced approach to these competing interests, Indiana recognizes a qualified privilege for communications between former and prospective employers. Chambers v. Am.

J.A.W. v. State, Marion County Dept. of Public Welfare

687 N.E.2d 1200 · Indiana Supreme Court · Nov 21, 1997

A court should (1) establish a presumption as to a public entity’s status, (2) balance five general “[ijndicators of immunity,” 513 U.S. at 44 , 115 S.Ct. at 402 , and, if these indicators point *1204 in different directions … indicators of immunity to see if they consistently support or contradict the presumptive immunity' status.

Steinback v. State ex rel. Madison Township

38 Ind. 483 · Indiana Supreme Court · May 15, 1872

His term commenced as soon as he qualified, and the liability of his sureties commenced at the time when he qualified. … This doctrine has been established from the earliest period, and repeatedly confirmed, by an unbroken current of decisions down to the present time.”

Wade v. State

270 Ind. 549 · Indiana Supreme Court · Apr 12, 1979

As to the contention that the confession was obtained through the use of promises of immunity, the evidence again fails to support the appellant’s position. … Appellant next submits that the spent bullet and casing were erroneously admitted in evidence as the State failed to establish a proper chain of custody.

Fassoth v. State

525 N.E.2d 318 · Indiana Supreme Court · Jul 7, 1988

Fassoth stated he was testifying pursuant to a court order under a grant of use immunity. … The evidence established that Roy Watson was the drug supplier, and Monica and William Fassoth were the intermediary delivery people to the buyers.

State ex rel. Staff v. Barlow

103 Ind. 563 · Indiana Supreme Court · Nov 17, 1885

It is averred that from the establishment of the commissioners’ districts, in 1831, until the end of the term, in 1869, the regular succession of terms for that district had been observed by the several incumbents. … some other ground, he was clearly entitled to it without regard to the act of March 7th, 1885.

Hodge v. State

442 N.E.2d 1006 · Indiana Supreme Court · Dec 14, 1982

Deadwiler’s confession was confused and did not comport with the facts established during the trial of these cases. … Deadwiler testified that Fisher and McFarland were ■shot on the right sides of their heads when the evidence clearly showed that they were shot on the left.

City of Richmond v. Scott

48 Ind. 568 · Indiana Supreme Court · Nov 15, 1874

the shares of stock in the national banks are entitled to the same immunity. … Rouse, 9 Wal. 468, -which clearly establishes the validity of the tax in question here, although the State had, before the-passage of the national banking law, so tied up her hands as that she could not impose the like tax

ANNEE, ETC. v. State

256 Ind. 686 · Indiana Supreme Court · Aug 3, 1971

It is the well established rule in Indiana that this court will not disturb an award for damages when the amount is within the bounds of the probative evidence adduced at trial. City of Indianapolis v. … We cannot invade the province of the jury to decide the facts and cannot reverse unless the verdict is clearly erroneous.

Gross Income Tax Div. v. Owens-Corning Fiberglas Corp.

253 Ind. 102 · Indiana Supreme Court · Nov 3, 1969

However, the burden of establishing immunity from a tax is on the taxpayer claiming the exemption. General Motors Corp. v. Washington, supra; Norton Co. v. Department of Revenue (1951), 340 U. S. 534 . … As concerns the sales to National Homes during the period in question, we are of the opinion that these sales were clearly interstate in character and thus immune from state taxation under § 64-2606 (a) supra.

Schrader v. Eli Lilly and Co.

639 N.E.2d 258 · Indiana Supreme Court · Aug 16, 1994

Company *261 - The process has been fair, firm, and consistent - Respect for the individual has been an integral part of the process -_- The core values of Lilly are based on trust and honesty-we must communicate these clearly … Onee the communication is established as qualifiedly privileged, the plaintiff then has the burden of overcoming that privilege by showing that it has been abused. Id.

Burse v. State

515 N.E.2d 1383 · Indiana Supreme Court · Dec 4, 1987

Appellant has established that an actual conflict of interest existed. … The allegation of ineffective assistance of counsel has not been established. II Under Cause No.

Baker v. State

245 Ind. 129 · Indiana Supreme Court · Jan 10, 1964

Ct. 1639 ), for a second time that court violated a well-established principle of appellate review. … “A careful reading of the entire record convinces us that the jury which tried defendant was properly qualified as a fair and impartial fact-finding body.”

American Family Insurance Co. v. Ford Motor Co.

857 N.E.2d 971 · Indiana Supreme Court · Dec 5, 2006

We have also stated that subsection (10) establishes preferred venue only in the event that preferred venue cannot be established by subsections (1) through (9). … It rather provides a number of grounds that can establish preferred venue.

Walker v. State

274 Ind. 224 · Indiana Supreme Court · Sep 26, 1980

The law is clearly against this position. … But in all such cases, the misconduct being established, it will impose upon the prosecution the necessity of removing suspicion, by showing, as was done in this case, that the offending jurors were not influenced adversely

Seybold v. Rehwald

177 Ind. 301 · Indiana Supreme Court · May 23, 1911

That, at the time the matter of the establishment of the drain involved in this proceeding was referred to them by the court, December 18, 1908, both Beal and Cover were qualified, competent and acting drainage commissioners … It may be conceded that the cold, inanimate words of the record contain evidence which clearly would have sustained a finding in favor of appellants on both of these questions, but it does not stand alone, there is evidence

German v. State

268 Ind. 67 · Indiana Supreme Court · Mar 13, 1978

The defendant then said, “At this time, I am now prepared to handle my own defense.” *71 It is clearly established that a defendant charged with having committed a felony be allowed representation by counsel. Gideon v. … It is clearly established that the court’s appointment of standby counsel is the recommended procedure to preserve defendant’s rights when he elects to represent himself. United States v. Dougherty, (D.C.