Case law

Pallett v. State

269 Ind. 396 · Indiana Supreme Court · Oct 11, 1978

It is clearly established that a trial court’s denial of a motion for change of venue in a case such as this is reviewed only for abuse of trial court discretion. Ind. R. Crim. P. 12; Ind. … The trial judge, with defendant’s permission, further explained to the jury that the only order of the court regarding this witness had been an order of immunity for the testimony given at this trial.

Mogilner v. METROPOLITAN PLAN COMM., ETC.

236 Ind. 298 · Indiana Supreme Court · Feb 6, 1957

The Act establishes a metropolitan plan commission and vests in this commission the power to establish a master plan for all areas within the county. … it clearly appears that the legislative classification is not based on substantial distinctions with reference to the subject-matter, or manifestly unjust or unreasonable. . .

Stahl v. State

686 N.E.2d 89 · Indiana Supreme Court · Sep 24, 1997

Because the circumstances under which this affidavit was given.do not establish sufficient indicia of truthfulness, it does not qualify under the 803(15) exception to the hearsay rule. … If believed, this statement definitively establishes that the money was stolen.

Matter of Evrard

263 Ind. 435 · Indiana Supreme Court · Sep 5, 1975

The respondent made several public statements and commitments to run for office, which clearly were an expression of an intent to establish a residence in Tell City at the home of his parents. … The steps which they took were sufficient to establish a residence at the home of his parents and to qualify them to register, declare candidacy, and vote in the Primary Election.

City of Evansville v. State ex rel. Blend

118 Ind. 426 · Indiana Supreme Court · Apr 24, 1889

Are the commissioners composing the metropolitan police and fire board officers who require commissions from the Governor to authorize them to qualify and enter upon the duties of their offices ? 5. … To the first class privileges and immunities are granted, which, upon the same terms, do not equally belong to the second class.

Erskine v. Whitehead

84 Ind. 357 · Indiana Supreme Court · Nov 15, 1882

The complaint shows that the testator died in November, 1874; that the will was duly probated, and the other executor having renounced, and the others named as trustees having failed to qualify, Whitehead qualified, proceeded … State, 5 Ind. 334 , three propositions were, established as follows: “ 1.

State ex rel. Taylor v. Mount

151 Ind. 679 · Indiana Supreme Court · Oct 14, 1898

The first judges were appointed by the Governor, “to serve until judges for said court shall be elected and qualified.” … If the^e is one principle that stands out more clearly in our constitution than!

Hench v. State ex rel. O'Rourke

72 Ind. 297 · Indiana Supreme Court · Nov 15, 1880

At the general election of the second Tuesday in October, 1867, there shall be elected, by the qualified voters of each of said circuits, a judge and prosecuting attorney, who shall be commissioned and qualified, and hold … Clearly, therefore, the length of his term of office was not a question for decision, either in the trial court or in this court. .

Hammon v. State

829 N.E.2d 444 · Indiana Supreme Court · Jun 16, 2005

Under less stressful circumstances we have expressed doubt that such a lengthy period would qualify. … We do not agree, however, that a statement that qualifies as an “excited utterance” is necessarily nontestimonial.

Jones v. Becker

212 Ind. 248 · Indiana Supreme Court · Jun 1, 1937

A hearing was had and a receiver was appointed and qualified, and proceeded with the administration according to law. … They have had their day in court, and have failed to establish illegality in the proceedings. They do not deny default in the payment of dividends and the failure to redeem matured preferred stock.

David Bleeke v. Bruce Lemmon, in his capacity as Commissioner of the Indiana Department of Correction Thor R. Miller, as Chairman of the Indiana Parole Board

Indiana Supreme Court · Apr 16, 2014

The lack of immunity served legitimate purposes because part of accepting full responsibility for their actions entailed prisoners “accept[ing] the proposition that those actions carry consequences,” and guaranteeing immunity … Clearly, this is unacceptable. Id.

State Ex Rel. Smith v. Starke Circuit Court

275 Ind. 483 · Indiana Supreme Court · Mar 23, 1981

This enactment, of course, .established the code of civil procedure. … The former provision clearly states that a vacancy in the office of judge of any court is to be filled by appointment by the governor, such appointment to expire “when a successor shall have been elected and qualified.”

City of Lafayette v. State

69 Ind. 218 · Indiana Supreme Court · Nov 15, 1879

The language of the statute is, that “ said trustees shall be elected at the annual city election by the qualified voters of said city,” etc. … The counsel for the appellant have cited two cases upoii which they rely for a reversal of the judgment below ; but we are of the opinion that they are very clearly distinguishable from the case before us.

State ex rel. Gleason v. Gerdink

173 Ind. 245 · Indiana Supreme Court · Dec 10, 1909

The legislature had power to establish the Superior Court of Vigo County, and to define its jurisdiction. Sauer v. Twining (1882), 81 Ind. 366 . … The legislative right to create and empower whatever county, township and municipal officers may be deemed expedient is also clearly apparent.

State Ex Rel. Indiana State Police v. Arnold

906 N.E.2d 167 · Indiana Supreme Court · May 19, 2009

The Court of Appeals disagreed, finding that Reynolds "did not establish at hearing that no offense was committed." Id. at 904 . … II The State contends that subsection (£) "clearly prohibits an expungement if the disqualifiers stated in that subsection are applicable." (State's Pet. to Transf. at 8.)

Lockhart v. State

609 N.E.2d 1093 · Indiana Supreme Court · Mar 8, 1993

"However, the repeated commission of similar crimes is not enough to qualify for the exception to the general rule. … The court then told the jury the elements the State must prove to establish the two charged aggravating circumstances.

Board of Commissioners v. Johnson

7 L.R.A. 684 · Indiana Supreme Court · Apr 25, 1890

In September, 1889, the board of commissioners appointed Thomas Crosson to the office, and he accepted and qualified. … These facts, as we.are satisfied, clearly distinguish the case from the case to *148 which we have referred, for much more than the simple approval or rejection of the bond is involved.

Members of the Medical Licensing Board of Indiana v. Planned Parenthood Great Northwest, Hawai'i, Alaska, Indiana, Kentucky, Inc.

Indiana Supreme Court · Jun 30, 2023

“A statute challenged under the Indiana Constitution stands before this Court clothed with the presumption of constitutionality until clearly overcome by a contrary showing.” Paul Stieler Enters., Inc. v. … There is likely a qualified right to bodily autonomy under Article 1, Section 1.

State ex rel. Clark v. Haworth, School Trustee of Monroe School Township

122 Ind. 462 · Indiana Supreme Court · Mar 13, 1890

The establishment of public highways being a function of government, no person has a right to establish such a highway without the consent of government; and hence in prohibiting unlicensed persons from keeping a ferry the … So the government, being charged with the duty of establishing and maintaining ferries, has the exclusive right; to establish them, and may prohibit any one it chooses from doing so, because the establishment of a ferry without

State Board of Registration for Professional Engineers v. Eberenz

723 N.E.2d 422 · Indiana Supreme Court · Feb 10, 2000

Indiana Code § 25-31-1-12(a) (1993) establishes the minimum evidence, or “requirements for registration,” that must be demonstrated by an applicant in order to qualify for registration as a professional engineer. … Eberenz’s argument clearly stands or falls on the meaning of the term “applicant” as it is used in subsection (c). We look to the regulation’s “Definitions” section to determine the meaning of the word “applicant.”