Case law

Wade v. State

490 N.E.2d 1097 · Indiana Supreme Court · Apr 3, 1986

Appellant further contends that the State failed to establish the proper foundation for admitting these exhibits. … The best evidence of a conversation is a clearly audible tape recording of it. Duncanson v. State (1979), 181 Ind. App. 370 , 391 N.E.2d 1157 , trans. denied.

Underwood v. State

535 N.E.2d 118 · Indiana Supreme Court · Mar 6, 1989

Low mental capacity is not sufficient to establish that a defendant lacked the requisite capacity to form intent. Hester v. State (1987), Ind., 512 N.E.2d 1110 . … The exhibit clearly speaks for itself; notwithstanding any testimony that might have been garnered concerning the dimensions of the entryway, the fact clearly demonstrated by State's Exhibit No. 4 could not have been contradicted

Swain v. State

215 Ind. 259 · Indiana Supreme Court · Feb 9, 1939

The evidence to the contrary clearly showed that there were many negroes of intelligence, including business men, owners of real property, and householders in the community, among them nearly 200 college graduates, who were … It was further established that in 50 years no negro had been drawn for jury service in the county.

State Ex Rel. Indiana State Bar Ass'n v. Diaz

838 N.E.2d 433 · Indiana Supreme Court · Dec 6, 2005

Adequate communication must be established, especially if the client does not speak English. … established that Diaz has engaged in the unauthorized practice of law.

Gross Income Tax Division v. Warner Bros. Pictures Distributing Corp.

233 Ind. 345 · Indiana Supreme Court · Mar 17, 1954

Ct. 793 , 77 L. ed. 1503), are clearly distinguishable from the case at bar and lend no support to appellant’s position. … It does not follow that because a transaction is one in interstate commerce, and thereby comes within the terms of the Anti-trust Act, that it is, therefore, immune from state taxation. *352 The tax involved in the Henneford

Riley v. State

711 N.E.2d 489 · Indiana Supreme Court · May 11, 1999

The defendant contends that the State failed to establish that the defendant dealt in more than three grams of cocaine because the technician did not establish the relative purity of the sample. … While the record may be ambiguous as to the timing, it does not clearly support the defendant's conclusion. .

In re Indiana State Bar Association's Petition to Authorize a Program Governing Interest on Lawyers' Trust Accounts

550 N.E.2d 311 · Indiana Supreme Court · Feb 21, 1990

This principle is so well established that it requires little, if any, citation to support it. … Lawyers must not be immune from disciplinary proceedings, especially when it comes to administering their clients' accounts.

Norman v. Turkey Run Community School Corp.

274 Ind. 310 · Indiana Supreme Court · Oct 28, 1980

by this legal relationship is a practical recognition by the law that school officials are required to exercise due care in the supervision of their pupils; that while they are neither an insurer of safety nor are they immune … The school personnel here clearly exercised ordinary and reasonable care for the safety of the children under their authority.

DePauw Plate Glass Co. v. City of Alexandria

152 Ind. 443 · Indiana Supreme Court · Jan 11, 1899

It may not thus find immunity from taxation. It will be held to one jurisdiction or the other. … There is nothing in the case to show that the township ever attempted to exercise authority over appellant’s property, nor to show that appellant ever acknowledged any such authority, while the facts clearly show an exercise

Madden v. State

254 Ind. 628 · Indiana Supreme Court · Sep 14, 1970

If the defendant was drunk, it was his own fault, and he can not claim any immunity by reason of his intoxication. … State contends that, assuming that the giving of Final Instruction No. 14 was indeed error, the error committed by the trial court was harmless and would not result in a reversal of the judgment because “the conviction was clearly

Gambill v. State

479 N.E.2d 523 · Indiana Supreme Court · Jun 26, 1985

Dogracias was eminently qualified by training and experience in the field *528 of pathology. … Appellant objected at trial and now to the admission of this testimony based upon a failure to establish a proper chain of custody.

Boyle v. City of Anderson

534 N.E.2d 1083 · Indiana Supreme Court · Mar 3, 1989

In that view, there could be no available governmental immunity. … One not a party to the contract may directly enforce the contract as a third party beneficiary only if the contracting parties clearly intended to directly benefit him by imposing a duty in his favor_ The intent to benefit

Allman v. State

253 Ind. 14 · Indiana Supreme Court · May 26, 1968

That notwithstanding due diligence on the part of said defendant and his attorneys, it has been impossible to employ a qualified psychiatrist to come to Columbus, Indiana, and examine said defendant; that a total of eight … It has long been established by this Court that it is within the sound discretion of the trial court to decide whether to allow a plea of guilty to be withdrawn.

Huie v. Private Truck Council of America, Inc.

466 N.E.2d 435 · Indiana Supreme Court · Aug 7, 1984

It is well established that a state may not, by its tax scheme, discriminate against interstate commerce and in favor of intrastate commerce. Alaska v. … The statute clearly exempts motor carrier companies operating solely in intrastate commerce.

State Ex Rel. Lesh v. Indiana Manufacturers of Dairy Products

198 Ind. 288 · Indiana Supreme Court · Oct 12, 1926

And while some of the recitals of this finding may possibly state mere conclusions, it clearly and obviously fails to find the existence of the conspiracy which plaintiff had alleged and had the burden of proving, as charged … Over an objection that the witness was not qualified to testify as an expert, T. H. Broughton was permitted *301 to give his opinion as to why the shipping sta tions for milk had increased in number from. 1917 to 1921.

DePuy, Inc. v. Farmer

847 N.E.2d 160 · Indiana Supreme Court · May 17, 2006

This was clearly “in the course of” his employment because clocking in and out was part of Farmer’s job. See Global Constr., Inc. v. … This immunity applies only if the injury is “by accident.” The parties do not dispute that Farmer was injured by an intentional tort of a co-worker.

Scheckel v. State

620 N.E.2d 681 · Indiana Supreme Court · Aug 31, 1993

This circumstance could conceivably qualify as an aggravating circumstance under Ind.Code § 85-88-1-7.1(d), which provides that the statutorily enumerated aggravating circumstances of subsections (b) and (c) do not limit … Failure to find mitigating cireumstances when clearly supported by the record may imply that they were overlooked and not properly considered. Jones, 467 N.E.2d at 683 .

State ex rel. Lewis v. Smith

158 Ind. 543 · Indiana Supreme Court · Feb 28, 1902

By no rule of constitutional interpretation can tbe term “just,” as used in tbe second clause of §1, be said to qualify or limit or restrict tbe meaning of the words “uniform and equal”, used in tbe first. … Tbe general doctrine upon this subject is clearly stated by Judge Cooley: “It is of tbe very essence of taxation that it be levied with equality and uniformity, and to this end that there should be some system of apportionment

Bayh v. Sonnenburg

573 N.E.2d 398 · Indiana Supreme Court · Jun 12, 1991

Shortly after the Garcia decision, Congress amended FLSA to immunize certain pre-1986 violations. … This section clearly contemplates that those committed might be allowed or required to work.

Schrenker v. Clifford

270 Ind. 525 · Indiana Supreme Court · Mar 27, 1979

The earlier statute, Ind.Code § 3-1-22-5 (Burns 1972) is a clearly stated and unambiguous rule that absent voter ballots are only to be mailed to addresses outside of the county of the applicant’s residence. … This is a regulation governing Indiana elections which is within the prerogative of the General Assembly to establish. Other such regulations include residency and age requirements.