Case law

Rucker v. State

170 Ind. 635 · Indiana Supreme Court · Jun 30, 1908

Harman then in open court accepted said appointment and was duly qualified and sworn; that immediately afterwards the regularly drawn and duly qualified grand jury was sworn and instructed by the court, and immediately retired … To this end the accuser must, under the statute, clearly and distinctly state the facts relied on as the foundation of the proceeding, and, before he is entitled to a rule against the accused, he must in his information clearly

Carr v. State

175 Ind. 241 · Indiana Supreme Court · Feb 23, 1911

affirmatively and clearly his charge to the exclusion of all such doubts. … A. 190, held it to be constitutional and not in conflict with the “privileges and immunities ” clause of the federal Constitution or of our Constitution.

State Ex Rel. Spencer v. Criminal Court, Marion Co.

214 Ind. 551 · Indiana Supreme Court · Jul 13, 1938

It is alleged in the petition that the relator is the duly elected, qualified, and acting prosecuting attorney of Marion County; *553 that the respondent, Frank P. … It cannot be doubted that, where it is established that the prosecuting attorney is an interested party, or otherwise clearly incapacitated, the court may appoint an attorney to represent the interests of *557 the state.

Lambert v. State

643 N.E.2d 349 · Indiana Supreme Court · Dec 6, 1994

The demonstration was videotaped and clearly established the fact that a person of appellant's height and weight in fact could accomplish such a feat although it did require a certain amount of physical dexterity. … The murder weapon was found on the floor of the car and it was established that it had been stolen from appellant's employer.

Indiana High School Athletic Ass'n v. Carlberg Ex Rel. Carlberg

694 N.E.2d 222 · Indiana Supreme Court · Dec 19, 1997

established that decisions of the IHSAA with respect to student-athletes constitute “state action” for purposes of federal and state constitutional review under the Equal Protection and the Privileges and Immunities Clauses … The Transfer Rule as applied to Carlberg does not violate the Privileges and Immunities Clause.

In Re Todd

208 Ind. 168 · Indiana Supreme Court · Jan 29, 1935

The idea is clearly and more succinctly expressed in the wording of the Constitution. … We expressly approve and adopt the following as applicable to the question under consideration: “From what we have said, we think it clearly appears that four leading principles may be considered as fully established, namely

Colman v. Heidenreich

269 Ind. 419 · Indiana Supreme Court · Oct 13, 1978

The prosecutor offered the anonymous female immunity from criminal prosecution if she would come forward, but Colman indicated that he never conveyed this offer to the female. … The transcript and record clearly show that Colman has never discussed this matter with his client’s female friend.

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

181 Ind. 42 · Indiana Supreme Court · Oct 29, 1913

and qualified as prescribed thereby. 6. 7. … Ascherman (1884), 94 Ind. 187 , that a petition for a highway should show by proper averments that the petitioners were qualified as the statute required.

Walgreen Co. v. Gross Income Tax Division

225 Ind. 418 · Indiana Supreme Court · Dec 5, 1947

It is the law of Indiana that to constitute gross income a transaction must come clearly within the statutory provisions, providing for such income. … possibly because, in effect, it increases the wages of the employees without any actual cost to appellant and thus enables appellant to secure and retain capable and faithful employees at a more reasonable wage; and it may establish

Nagy v. Evansville-Vanderburgh School Corp.

844 N.E.2d 481 · Indiana Supreme Court · Mar 30, 2006

The $20 fee is charged to every student including students who qualify for the free or reduced school lunches and textbook programs. … The Brackett children qualify for the reduced or free school lunch and textbook programs.

State v. Young

238 Ind. 452 · Indiana Supreme Court · Jul 2, 1958

The purpose is now so well established that it was unnecessary for the Act to specifically state that subsequent bona fide purchasers and lien-holders should be protected against prior conveyances and liens not made of record … E. 2d 185 , we carefully reviewed the precedents and held, “Consent to be made a party in such a proceeding can be given by the state only by a legislative enactment clearly evincing such consent. State v.

Sherfey v. City of Brazil

213 Ind. 493 · Indiana Supreme Court · Mar 10, 1938

While that case is well considered, we think it is clearly distinguishable from the one which we are considering here. … Such a situation clearly presents one for the application of the rule of ejusdem generis.

Nooe v. Bradley

3 Blackf. 158 · Indiana Supreme Court · Dec 18, 1832

It is qualified and restricted to the filling of vacancies. … Harnden, 1 Paine’s R. 55, are a few of the many adjudications that establish all proceedings to be void, which are beyond the jurisdiction of a Court.

Burton v. State

462 N.E.2d 207 · Indiana Supreme Court · Apr 24, 1984

The only other witness who testified about the truck’s identification was Officer White who qualified as an expert witness. … An examination of the totality of the evidence in the present case clearly indicates that the balancing of interests is clearly wanting. There is a patent imbalance to Appellant’s detriment.

Whatley v. State

928 N.E.2d 202 · Indiana Supreme Court · Jun 8, 2010

Whether RCC qualifies as a "youth program center" for the purpose of triggering the elevation to a Class A felony is the central issue of this appeal. … Whatley himself, "in the interest of candor, concede[s] that the Robinson Community Church does offer activities for children [and] [this was clearly established at trial and cannot reasonably be disputed."

Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.

970 N.E.2d 633 · Indiana Supreme Court · Jun 25, 2012

Code § 32-30-1-5 (2004).5 Parsing the statute’s plain language indicates that a defendant is entitled to immunity un- der the statute only if four criteria are established. … Indi- ana trial courts may establish local rules for their own governance as long as the local rules do not conflict with the rules established by this Court or by statute. Ind.

Sears Roebuck and Co. v. Manuilov

742 N.E.2d 453 · Indiana Supreme Court · Jan 23, 2001

The medical testimony was presented from clearly qualified expert witnesses as to matters that assisted the jury. The trial court did not abuse this discretion when it admitted the causation testimony of Dr. … Blinder was not qualified to render a vocational opinion, the trial court did not err.

Wallace v. State

426 N.E.2d 34 · Indiana Supreme Court · Sep 30, 1981

The statute further provides that in no case shall any of the instructions be orally qualified, modified, or in any manner orally explained to the jury. … The defendant asserts that, it having been established that Johnson’s testimony was not vital in either trial, it was clearly contrary to the public interest to compel the testimony.

Michael Ackerman v. State of Indiana

51 N.E.3d 171 · Indiana Supreme Court · Apr 5, 2016

[T]here is not a third category of witnesses, helpful to the prosecution, but somehow immune from confrontation.” Id. at 313-14. 22 “indicia of solemnity.” … Eisele was a legally qualified physician, and he performed the autopsy in question on W.W. (Tr. Exhib. at 25.) Dr.

A Woman's Choice-East Side Women's Clinic v. Newman

671 N.E.2d 104 · Indiana Supreme Court · Aug 7, 1996

Such a tight causal link clearly comes within the statute's plain language. Where a woman faces imminent, serious harm absent prompt action, the attending physician may perform the medically-indicated abortion. … Emboli, eclampsia, and pre-eclampsia are particularly deadly, but each of these conditions may qualify a woman for an immediate abortion if, in her physician's clinical judgment, the condition posed a serious risk to the