Case law

Toney v. Wendling

138 Ind. 228 · Indiana Supreme Court · May 29, 1894

Fickle, Esq., an attorney at law of the Cass Circuit Court, as their guardian ad litem,, who accepted the appointment and qualified according to law. … Such allegations would clearly make a case in which the alienee, in violation of his trust, purchased land with money not his own.

City of East Chicago v. State Ex Rel. Pitzer

227 Ind. 241 · Indiana Supreme Court · Mar 22, 1949

In so holding, we have construed the decree as establishing relators’ rights to receive compensation only for future service and not as establishing their rights to the same compensation as other members of the same rank … The statute clearly contemplates that there may be members of the fire force who are not participants in the firemen’s pension fund, § 48-6506, Burns’ 1933.

Hovis v. State

455 N.E.2d 577 · Indiana Supreme Court · Oct 31, 1983

The jury was excused while an immunity hearing was held at which the accomplice-witness was granted immunity. … Hardy's answers clearly indicate, that as they were discussing Mrs. Hardy's statement, the attorney held a copy of the statement in his hand.

Brewer v. State

253 Ind. 154 · Indiana Supreme Court · Nov 14, 1969

He makes no claim that the statute excludes women or any other qualified class of citizens from juries. … An examination of cases dealing with the question of insanity and irresistible impulse clearly demonstrates the variety of ways in which this same rule may be enunciated. See Warren v. State, supra; Whitaker v.

Sandy Ridge Oil Co. v. Centerre Bank National Ass'n

510 N.E.2d 667 · Indiana Supreme Court · Jul 29, 1987

In Indiana, the Recorder is required to record certain documents which comply with specific formal requirements for the purpose of establishing priority of right. … Also significant is Ind.Code § 36-2-11-16, which provides additional requirements qualifying an instrument for recordation and which was amended in 1986.

Weis v. City of Madison

75 Ind. 241 · Indiana Supreme Court · May 15, 1881

As clearly appears from the cases we have cited, the collection of the water into one channel, and causing it to flow upon another’s land, is an actionable injury. … We can not understand what benefit the appellant can reasonably expect from the facts which he assumes in his third proposition were established by the evidence.

Walden v. Indiana State Personel Board

250 Ind. 93 · Indiana Supreme Court · Apr 1, 1968

. *94 In order to keep in proper perspective and clearly delineate the issues here to be determined we deem it advisable to set out in chronological order the various steps taken by the parties hereto. … The record is entirely devoid as to any rule or regulation, established Policy of the New Castle State Hospital, or Indiana Department of Mental Health, or law of the State of Indiana upon which this charge is based. B.

J.A. v. Indiana Department of Child Services

4 N.E.3d 1158 · Indiana Supreme Court · Mar 13, 2014

Though it was “disappointed” that the CHINS court failed to appoint counsel for J.A. even though she qualified, it nev *1162 ertheless found the error to be harmless. Id. at 791 . … We note that the case law does not clearly define how sections 31-32-4-3 and 31-34-4-6 are to be read in conjunction with each other.

Teresa Figert/B. Green v. State

Indiana Supreme Court · Oct 23, 1998

However, the Supreme Court cautioned in Leon that certain police conduct would not qualify for the exception, including where the warrant was based on an affidavit “so lacking in indicia of probable cause as to render official … Probable cause clearly existed with respect to the first two homes, and the totality of the circumstances established some suspicion or possibility of a joint drug-dealing enterprise at the Farm. But this is not enough.

Decker v. State

528 N.E.2d 1119 · Indiana Supreme Court · Sep 26, 1988

This evidence clearly indicates an intention to steal the University’s property and to permanently deprive them of it. … The trial court has wide discretion to determine when a witness is qualified to give an expert opinion. The court’s decision will not be disturbed unless an abuse of discretion is shown. Knapp v.

Emergency Physicians v. Pettit

Indiana Supreme Court · Jun 29, 1999

Timothy could establish that his care was within the standard of care was by presenting expert testimony on that issue." R. at 620. … Timothy could establish that his care fell within the applicable standard of care was by presenting expert testimony on that issue.

Coleman v. City of Gary

220 Ind. 446 · Indiana Supreme Court · Oct 13, 1942

This statute provided for certain necessary qualifications for appointment to the department; for physical and mental examinations of all applicants; *457 for the instruction of applicants in a school to be established by … This provision of the rule made invalid the requirement of the commission in the instant case that the officer so demoted pass an examination to prove himself qualified to be placed on such eligible list. .

Jeffersonville, Madison, & Indianapolis R. R. v. Hendricks

41 Ind. 48 · Indiana Supreme Court · Nov 15, 1872

It seems to us that the above proposition of law was too broadly stated, and should have been qualified. The law as stated by this court, in The E. & C. R. R. Co. v. … Do not the facts clearly and conclusively show that the decedent was not in fault?

Ryle v. State

842 N.E.2d 320 · Indiana Supreme Court · Dec 13, 2005

To prove that Shepard’s prior state convictions for burglary were committed in a building or enclosed space (thus violent felonies qualifying Shepard for the mandatory minimum) the Government submitted police reports and … Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.” Id. at __, 1262. But such disputed documents were not used here.

City of Evansville v. Blue

212 Ind. 130 · Indiana Supreme Court · May 18, 1937

There was a rule that before a boy can qualify to swim in deep water he must pass a test, consisting of swimming the width of the pool three times under the supervision of the guard. … “It was incumbent upon defendant in error, as plaintiff in the trial court, to sustain his declaration with evidence, and to establish the averments of some one of its counts.

State ex rel. Indiana State Bar Ass'n v. United Financial Systems Corp.

926 N.E.2d 8 · Indiana Supreme Court · Apr 14, 2010

Conclusion The evidence establishes that the respondents have engaged in the unauthorized practice of law. … In our order scheduling briefing in this matter, the parties were advised that the Commissioner's findings would be reversed only if found to be clearly erroneous. See GKN Co. v.

City of Crawfordsville v. Hays

42 Ind. 200 · Indiana Supreme Court · May 15, 1873

These are usually established in different parts of the cities and towns for the convenience of the inhabitants. … The entire town or city constitutes the district, however many different schools may be established.

Brown v. State

653 N.E.2d 77 · Indiana Supreme Court · Jul 11, 1995

In evaluating the propriety of a warrantless search on appeal, the trial court’s findings of fact are accepted unless clearly erroneous and the review of the conclusions of law is performed de novo. … Since the seizure occurred without a warrant and does not qualify under any of the various exceptions to that requirement, it violated the Fourth Amendment.

Nugent v. Laduke

87 Ind. 482 · Indiana Supreme Court · Nov 15, 1882

(bottom p. 938), it is said that in equity it is established that, “ generally speaking, the executor or administrator can make no valid sale or pledge of the assets as a security for, or in payment of, his own debt; on the … If the complaint, by its averments, does not clearly and directly show that Koons received the note and mortgage as-executor, it does not show that he received them otherwise-than as executor.

Schiro v. State

533 N.E.2d 1201 · Indiana Supreme Court · Feb 8, 1989

“Lane’s allegation of ineffective assistance is clearly an attempt to circumvent Rule PC 1, section 8, in order to present evidence on issues that had been waived.” … However, Schiro never gave the names of the establishments he and the victim allegedly visited, or identified anyone in any of those establishments who could verify his story.