Case law

Stevens v. State

691 N.E.2d 412 · Indiana Supreme Court · Dec 31, 1997

He . clearly acted in a cold-blooded manner. … ” than "non-death qualified” juries.'

Creighton v. Hoppis

99 Ind. 369 · Indiana Supreme Court · Sep 27, 1884

It was said by Professor Greenleaf: “ But no reason is perceived why every declaration accompanying the act of possession, whether in disparagement of the claimant’s title, or otherwise qualifying his possession, if made … Punderson were clearly evidence, namely, to show in what character, or with what intent, she entered, and held possession of the premises in dispute.”

Fisher v. State

259 Ind. 633 · Indiana Supreme Court · Jan 8, 1973

The evidence at the trial clearly established that Herman Fitzgerald died of gunshot wounds. … Immediately after the term was used the court specifically qualified its use by adding the words “calculated to take or destroy life” which clearly indicates to the jury the correct law of intent for this charge.

Leandrew Beasley v. State of Indiana

46 N.E.3d 1232 · Indiana Supreme Court · Jan 14, 2016

State, 761 N.E.2d 802, 806 (Ind. 2002) (reversing conviction for attempted murder in the absence of any evidence of motive, in part because “an inference is necessary to establish Kiefer’s intent to kill”). … We cannot agree that the act of shooting a fellow human being in the face qualifies as “trivial.”

Buchman v. State

59 Ind. 1 · Indiana Supreme Court · Nov 15, 1877

These cases go far to establish the position contended for by the appellant. … This clearly implies that he is to be paid his customary fees for an opinión, and that he may demand payment before delivering his evidence.

Grubbs v. Morris

103 Ind. 166 · Indiana Supreme Court · Oct 8, 1885

It places the trustee, or assignee, under the control and supervision of the courts, and the property is, in a qualified sense at least, *168 in tlie custody of the law.. … Ch. 565 , Chancellor Kent very strongly censures the rule and clearly demonstrates its injustice, and many other courts have expressed similar views. Cunningham v. Freeborn, 11 Wend. 240 , vide p. 256; Burd v.

Frazier v. State

263 Ind. 614 · Indiana Supreme Court · Oct 20, 1975

P.C. 1, notwithstanding that he would fail to qualify for consideration on the merits under Ind. R. P.C. 2. (p. 211). Taken out of context, this statement might be very misleading. … In fact, the contrary was clearly stated. The same may logically be said of the very similar defense of laches.

Lane v. State

521 N.E.2d 947 · Indiana Supreme Court · Apr 22, 1988

This Court found the evidence sufficient to establish Lane's identity as the robber. … Lane's allegation of ineffective assistance is clearly an attempt to cireum-vent Rule PC 1, section 8, in order to present evidence on issues that had been waived.

Robbins v. Spencer

140 Ind. 483 · Indiana Supreme Court · Oct 30, 1894

The positive evidence clearly establishes the execution and delivery of the deed of Eliza Robbins to appellant and his brother, William M. Robbins. … Clearly that case has no application to the case at bar. The next case they cite is Brown, Admr., v. Kenyon, 108 Ind. 288 .

Inland Steel Co. v. Gillespie

181 Ind. 633 · Indiana Supreme Court · Feb 17, 1914

The physical possibility and the actual occurrence of a condition such as appellee described and sought to establish are matters first to be determined by the jury and, on appeal, unless the facts clearly disclose a natural … Before allowing proof of the motion the court said to counsel for defendant: “It is only for the purpose of qualifying the jury, and if you gentlemen will agree that the jury may be qualified without going, into the testimony

Armstrong v. State

747 N.E.2d 1119 · Indiana Supreme Court · May 21, 2001

In Armstrong's trial, Riley was given immunity and the state dismissed pending criminal charges in exchange for his cooperation at petitioner's trial. … The State did not present evidence establishing any change in their versions, and we are reluctant to find these inferences reasonable.

In re Denny

51 L.R.A. 722 · Indiana Supreme Court · Feb 1, 1901

The idea is clearly and more succinctly expressed in the wording of the Constitution. … The original resolution provided for ratification by “a majority of the qualified voters.”

Christopher Jerome Harris v. State of Indiana

Indiana Supreme Court · Jun 29, 2023

Greene, 563 U.S. 692, 705‒07 (2011) (noting that it may be beneficial to clarify constitutional standards, instead of resolving cases on qualified immunity grounds). … I do not think our case law or federal case law supports such an exception, including because the qualified immunity affirmative defense to federal civil rights claims under 42 U.S.C. § 1983 is not analogous to the state

Wisniewski v. Bennett

Indiana Supreme Court · Apr 16, 1998

Richards, Judge Cause No. 45D05-9509-CP-1710 April 16, 1998 OPINION - FOR PUBLICATION RUCKER, Judge This is a summary judgment action involving the ability of a claimant to gain access to the Patient's Compensation Fund (Fund) established … In that case the literal terms of the settlement document clearly showed that the claimant entered a written agreement with a non-qualified heath care provider.

Phillips v. Officials of City of Valparaiso

233 Ind. 414 · Indiana Supreme Court · Jun 16, 1954

This same objection might be made to the establishment and maintenance of playgrounds and swimming pools; to the establishment of municipal airports and other municipal functions, the use of which is, for obvious reasons, … clause of the Indiana Constitution (Article 1, §23) is primarily for the legislature and does not become a judicial question unless it clearly appears that the legislative classification is not based on substantial distinctions

Hunt v. Jordan

4 Blackf. 532 · Indiana Supreme Court · Jun 5, 1838

Still, had the legislature couched it in language clearly expressing their design to demolish, in a great measure, the system of descents and distribution, which they had just established, we must have given it that effect … The construction which we have given that section, clearly shows the office of the proviso is only to qualify the provision of the section to which it belongs, so as to give to the wife the whole of the personal estate of

State Board of Medical Registration & Examination v. Scherer

221 Ind. 92 · Indiana Supreme Court · Feb 15, 1943

Section 63-1306, Bums’ 1933, § 10707, Baldwin’s 1934, provides that the State Board of Medical Registration and Examination shall establish “a schedule of the minimum requirements which must be complied with by applicants … We have concluded, however, that the only jurisdiction of the court was to review the decision of the board, *101 and that the decision of the board must be sustained if it was supported by substantial evidence, which it clearly

Andy Mohr West d/b/a Andy Mohr Toyota, Butler Motors, Inc. d/b/a Butler Toyota, and TW Toy, Inc. d/b/a Tom Wood Toyota v. Office of the Ind. Secretary of State, Auto Dealer Services Div.

54 N.E.3d 349 · Indiana Supreme Court · Jun 2, 2016

exists for establishing or relocating a dealership). … terms: “‘proposed’ 1 Butler is located over seven miles from the site, Tom Wood sixteen miles, and Andy Mohr twenty-four miles. 4 dealers and ‘relocated’ dealers, clearly

Jay Classroom Teachers Association v. Jay School Corporation and Indiana Education Employment Relations Board

55 N.E.3d 813 · Indiana Supreme Court · Jul 21, 2016

The trial court added that it was not unreasonable for a school superintendent to ■ have the authority “to hire qualified employees and have the flexibility to offer attractive compensation for the potential new hires in … to Establish Salaries.

Anderson Federation of Teachers Local 519 v. SCHOOL CITY OF ANDERSON

252 Ind. 558 · Indiana Supreme Court · Oct 1, 1969

On the face of it, this statute clearly applies to this controversy. … in tort law are equally valid for discarding sovereign immunity in the area of statutory construction.