Case law

Brown v. State

671 N.E.2d 401 · Indiana Supreme Court · Aug 7, 1996

Ohm clearly remembered having a conversation about the killings with Collins, as evidenced by his testimony: Q. What do you recall telling him [Col-ling]? … "The evidence establishes that Ohm's improper motive, which was to get the best deal for himself at Brown's expense ...." Id. (emphasis added).

Wright v. Nipple

92 Ind. 310 · Indiana Supreme Court · Dec 21, 1883

This instruction refers to circumstances established by the proof. If they, unexplained, clearly indicate that the transaction is fraudulent, the jury may draw the inference. … The omission to thus qualify the first proposition rendered the whole wrong, and it was therefore property overruled.

French v. State ex rel. Harley

141 Ind. 618 · Indiana Supreme Court · Jun 13, 1895

, and to establish himself in, said position. … In the last of these cases it was said (p. 516): “It is established law that an act of the Legislature can not be annulled by the judiciary in any respect unless it clearly contravenes some provision of the constitution.

Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. Newell

104 Ind. 264 · Indiana Supreme Court · Dec 12, 1885

Statements of past sufferings and pains, when not made to a medical expert for the purpose of enabling him to form an opinion upon with a view to treatment or other legitimate purpose, are clearly inadmissible. Roosa v. … Upon the whole case, it was incumbent on him to establish negligence to the satisfaction of the jury.

Hawkins v. State

219 Ind. 116 · Indiana Supreme Court · Nov 5, 1941

The next three questions in varying language all ask the same thing in substance, whether she was promised immunity from a murder charge if she would testify in this case. … doubt, to make its own case in its own way; and the evidence may be very valuable in illustrating or establishing other material facts.

Illinois Steel Company v. Fuller

216 Ind. 180 · Indiana Supreme Court · Nov 6, 1939

It is asserted that the fact that the witness was a physician did not necessarily qualify him to testify as an expert on benzol poisoning; that it was not shown that the books which he had read were standard authorities or … To meet the charges of negligence the appellant showed, that it kept gas masks for use in its establishment whenever and wherever they were needed.

Knutson v. State Ex Rel. Seberger

239 Ind. 656 · Indiana Supreme Court · Apr 7, 1959

The ordinance under authority of the statute purported to establish by reference certain standards for the construction of streets, sewers, etc. for subdivisions as a condition precedent to their approval. … subdivision control ordinance was fatally defective 5 for the reason that it purported to incorporate *662 by reference “a non existent Street and Thoroughfare Plan,” and that the Plan Commission of the town of Dyer was not qualified

Ellingham v. Dye

178 Ind. 336 · Indiana Supreme Court · Jul 5, 1912

The decisions of this court have not positively and clearly settled the question. In Governor v. … It might with equal right and perhaps with greater propriety, have made the board consist of the Secretary of State and two qualified electors, or any other subordinate state officer, or three qualified electors to be appointed

Whipple v. State

523 N.E.2d 1363 · Indiana Supreme Court · Jun 8, 1988

Snyder had indicated to the police officers that he had an appointment that day with an attorney with reference to establishing a guardianship over Penny and Dale. … The record clearly indicates Snyder was advised of defendant's Miranda rights, understood them, and voluntarily waived them.

Gillenwater v. Madison & Indianapolis Railroad

5 Ind. 339 · Indiana Supreme Court · Nov 29, 1854

The ruling is thus qualified. “ Considering it as a nice question, we would add a caution as to any hasty application of the rule to cases not clearly within the same principle. … It strongly implies a' suspicion of the correctness of the principle sought to be established. Since then, however, (1842), the Courts of New-York have followed the same lead. Brown v. Maxwell, 6 Hill 592 .— Coon v.

Hare v. State

467 N.E.2d 7 · Indiana Supreme Court · Aug 22, 1984

The burden rests with the defendant to establish either the high probability or existence of such widespread bias in the community that an impartial jury cannot be obtained. Haybron v. … An expert may be qualified by practical experience as well as by formal training and whether he is qualified as an expert is a matter within the sound discretion of the trial court.

Krivanek v. State

252 Ind. 277 · Indiana Supreme Court · May 19, 1969

Even without the long established rule that a juror’s affidavit will not be received to impeach his verdict, the affidavit in question is not sufficient to establish the jury misconduct and resulting prejudice of which the … As was mentioned above, the affidavit clearly establishes that none of the other jurors knew of the information prior to reaching their verdicts, and thus it could not have influenced their verdicts.

Ohio & Mississippi Railway Co. v. Dunn

138 Ind. 18 · Indiana Supreme Court · Mar 7, 1894

Atkinson, supra, it was clearly intimated that this method of making instructions a part of the record was sufficient. … . *22 It further appears that firemen are often qualified to . serve as engineers before they become regular engineers.

City of Gary v. Major

822 N.E.2d 165 · Indiana Supreme Court · Feb 10, 2005

In this case the trial court’s order required the executive branch of government of the City of Gary “to establish a fair and equitable procedure for the bidding and awarding of towing contracts to qualified towing … Clearly it did not, and the City makes no credible claim to the contrary.

Keller v. State

560 N.E.2d 533 · Indiana Supreme Court · Oct 11, 1990

In order to qualify as an evidentiary harpoon, it must be shown that there was a deliberate use of improper evidence caleu-lated to prejudice a defendant in the eyes of the jury. Williams v. … in addition, we note that this record contains pictures of the residence in question clearly demonstrating it is in fact a residential structure.

Brook v. St. John's Hickey Memorial Hospital

269 Ind. 270 · Indiana Supreme Court · Sep 13, 1978

There is evidence that a qualified X-ray technologist was always present when Dr. Fischer made an injection of contrast medium into a patient prior to the taking of an X-ray. … “[E]ven where there is an established mode of treatment, the physician may be permitted to innovate somewhat if he can establish that, in his best judgment, this was for the benefit of his patient and where the established

Wright-Bachman, Inc. v. HODNETT

235 Ind. 307 · Indiana Supreme Court · Apr 12, 1956

It is the settled law that the question of classification 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 … Article 4, Section 21, Constitution of Indiana. 12 “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.

Le Roy v. State Commission for Reorganization of School Corp.

249 Ind. 383 · Indiana Supreme Court · Oct 31, 1967

The duties of the Commission are clearly set out in its organic statute, the pertinent parts of which read as follows: *391 Burns’ Ind. Anno. … This case clearly and definitely holds that resident taxpayers and voters of a county could maintain an action to determine the validity of *397 an act providing for the establishment and maintenance of a system of registration

In Re Stephens

867 N.E.2d 148 · Indiana Supreme Court · May 31, 2007

Clearly, charging an attorney fee in excess of that allowed by a statute or regulation also constitutes an ethical violation. … In In re Maley, 674 N.E.2d 544 (Ind.1996), this Court imposed a public reprimand on an attorney who retained a fee in excess of the fee awarded to him by the Worker’s Compensation Board according to presumptive limits established

Jackson v. Smith

120 Ind. 520 · Indiana Supreme Court · Oct 31, 1889

It may well be that the courts will establish a lien and yet not adjudge that title was acquired under the sale upon an assessment. … If the appellant had asked *525 a qualified decree we should have a radically different case before us.