Case law

Dorsey v. State

490 N.E.2d 260 · Indiana Supreme Court · Mar 11, 1986

However, neither characteristic of appellant's detention qualifies him as an intended beneficiary of the Interstate Detainer Agreement. … However, this status also does not bring him within the coverage of qualified persons entitled to the benefits of this act.

Prevo v. City of Hammond

186 Ind. 612 · Indiana Supreme Court · Jun 20, 1917

This section provides that no such improvement shall be made unless authorized by a majority vote of the qualified voters of the municipality to be taken in accordance with the terms of the statute. … As to this appellants are clearly in error.

Todd v. State

226 Ind. 496 · Indiana Supreme Court · Oct 7, 1948

“MEMORANDUM: “The law is well established in Indiana that anyone who is accused of a crime is entitled to have legal counsel to represent him in the trial of his case. … Our Courts have held that when one is so accused and is without funds with which to employ counsel, it is the duty of the Court to appoint a competent and qualified attorney to represent such accused.

Indiana University Medical Center, Riley Hospital for Children v. Logan

728 N.E.2d 855 · Indiana Supreme Court · May 26, 2000

The twelve exhibits consisted of uncertified documents and unsworn statements.[2] Unsworn statements and unverified exhibits do not qualify as proper Rule 56 evidence. Kronmiller v. … [3] It has been held that expert opinion is usually required to establish a causal connection between the acts or omissions of the physician and the injury to the patient. Bowman v.

Carey v. State

275 Ind. 321 · Indiana Supreme Court · Mar 5, 1981

In addition, expert testimony from two forensic chemists established that the balloons obtained from appellant Carey contained heroin. … Subsequent testimony from Shields and Officer Schneider, clearly established that Shields sold heroin to a federal agent on three occasions; the agents’ bargaining leverage, gained as a result of these transactions, was the

Bechtelheimer v. State

54 Ind. 128 · Indiana Supreme Court · Nov 15, 1876

The allegations made bring the case clearly within the language of the statute on which the count is based, and that is sufficient. … The legislature evidently did not intend to establish any such theory in the criminal law.

TRW Vehicle Safety Systems, Inc. v. Moore

936 N.E.2d 201 · Indiana Supreme Court · Oct 13, 2010

During her cross-examination, when it was established that she is not a medical doctor, the plaintiff successfully challenged her qualifi- cations to testify as to the cause of injury. … Neither TRW nor Ford has convinced us that the trial court's rulings limiting Pearson's testimony were clearly erroneous.

State ex rel. Cornwell v. Allen

21 Ind. 516 · Indiana Supreme Court · Nov 15, 1863

Allen, was duly elected Auditor of Vigo county, Indiana, in October, 1859; and that, after said election, he duly qualified, and entered upon the duties of the office, and continued to discharge the same till the 1st of August … If public policy should have anything to do in establishing the principle of decision touching the discharge of their duties by public officers, that policy would require that they *524 should be held to a strict, not a lax

Crowder v. Reed

80 Ind. 1 · Indiana Supreme Court · Nov 15, 1881

Whether he was or was not such agent, was a question for the jury, for there was some evidence, at least, tending to establish that fact. … The part of the instruction, which addresses the general rule to the particular case, is clearly erroneous.

State ex rel. Colbert v. Wheeler

172 Ind. 578 · Indiana Supreme Court · Jul 2, 1909

. * * * The result of the authorities in England and in other states clearly is, that, at common law, whenever a general statute is misrecited, or its existence denied, the question is to be tried and determined by the court … Counsel for relator, however, insists that oral testimony is admissible to establish the allegation that said bill was vetoed.

Donahue v. Youngstown Sheet & Tube Co.

474 N.E.2d 1013 · Indiana Supreme Court · Mar 8, 1985

Moreover, it was clearly established that Dickey Road is a public road notwithstanding the fact that Youngstown owned the property on both sides of said road and, at the intersection in question, there were entrances to the … That injury also qualified the injured employee for workmen's compensation. In the case on appeal, the time element is qualifying.

Dale v. State

198 Ind. 110 · Indiana Supreme Court · Feb 25, 1926

The publication of the article here in question, if it be contemptuous, is clearly criminal in its nature. … The power of a court established by a constitution to take cognizance of contempts against it does not rest upon any act of the legislature.

Ketcham v. Hill

42 Ind. 64 · Indiana Supreme Court · May 15, 1873

The bill of exceptions was signed by Judge Park after he had ceased to be judge, and Judge LaRue had been qualified and was acting as such. … We are very clearly of the opinion that the court erred in permitting John F. Hill, the-assignor of the claim, to testify as a witness in behalf of the assignee. f- L. Mitchell and W. A. Ketcham, for appellant. Ni B.

State ex rel. Schrenker v. Superior Court

242 Ind. 171 · Indiana Supreme Court · Oct 20, 1961

That two (2) qualified physicians should be appointed to make an examination of this person alleged to be mentally ill and dangerous to the community. … It clearly appears from the record here that no finding was made by respondent, Superior Court of Madison County, that Phyllis Schrenker was an incompetent prior to the appointment of the temporary guardian.

NOBLE CTY. COUNCIL ETC. v. State Ex Rel. Fifer

234 Ind. 172 · Indiana Supreme Court · Apr 7, 1955

Within and dependent upon this structure of constitutional government, our people are blessed by a galaxy of rights, privileges and immunities guaranteed to us by constitutional declaration. … Therefore, appellee was clearly entitled to an order mandating an appropriation for his salary for the year 1952.

Bennett v. State

423 N.E.2d 588 · Indiana Supreme Court · May 6, 1981

In 1978, Indiana State Police officers and F.B.I. agents established a “dummy” corporation in Hammond, Indiana, under the name of International Auto Brokers. … The record reflects that the individual who made the tapes qualified them for the jury; moreover, the trial court did find certain tapes to be inadmissible.

Gage Peters v. Dennis J Quakenbush, II

Indiana Supreme Court · Jun 19, 2025

The question before the United States Supreme Court was whether “the State a sex offender leaves—that is, the State where he formerly resided—qualifies as an ‘involved’ jurisdiction.” Id. (citation omitted). … The Indiana Constitution’s Privileges and Immunities Clause provides that the “General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally

Colter v. Frese

45 Ind. 96 · Indiana Supreme Court · Nov 15, 1873

"The 648th section is somewhat obscurely worded, but-it does not, as we think, extend the remedy given by the preceding section, but rather limits or qualifies it. … When the legislative will has been clearly and constitutionally expressed, the courts have no alternative' but to follow it.

Jethroe v. State

262 Ind. 505 · Indiana Supreme Court · Nov 19, 1974

The Court explained: “The ‘charge’ quite clearly is hearsay. Standing alone it is not admissible (unless it does happen to be a part of the res gestae). … I think if he wants to qualify Mr. Jethroe as an expert with regard to guns, but I don’t believe he has done so.

Bolton v. State

223 Ind. 308 · Indiana Supreme Court · May 2, 1945

He is, therefore, best qualified to determine what credence or consideration should be given to the retraction, and his opinion is accordingly entitled to great weight. … It is too firmly established to_ require the citation of any authorities that the trial court is vested with a wide discretion in passing upon motions for a new trial and that only when it is clearly made to appear that the