Case law

May v. Blinzinger

460 N.E.2d 546 · Indiana Court of Appeals · Mar 8, 1984

Rephrased, they are as follows: The AAA was promulgated by our legislature, in part, "to establish a uniform method of court review of all ... administrative adjudication." Ind.Code § 4-22-1-1. … While Thompson deals with administrative exhaustion prior to judicial review, it is clearly as applicable to situations involving the actual judicial review. Accord Warram v.

State Board of Tax Commissioners v. South Shore Marina

422 N.E.2d 723 · Indiana Court of Appeals · Jun 30, 1981

That evidence clearly establishes the fifty boats were on Marina property on March 1, 1977. It also establishes the value of the fifty boats. … In the present case, the Board was clearly exercising its long established authority in seeking the information from Marina.

Board of School Trustees v. Barnell Ex Rel. Duncan

678 N.E.2d 799 · Indiana Court of Appeals · Apr 7, 1997

the agency’s action prejudiced the individual seeking review and was (1) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) Contrary to constitutional right, power, privilege, or immunity … While DuChane’s findings may not qualify for the Nobel Prize for literature, we fail to see how they do not constitute a written summary of the evidence.

Black v. Howard County Department of Child Services

896 N.E.2d 1 · Indiana Court of Appeals · Oct 31, 2008

An abuse of discretion occurs if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Carter v. … The trial court’s findings and conclusions will be set aside only if they are clearly erroneous. Id.

Kelley v. Tanoos

840 N.E.2d 342 · Indiana Court of Appeals · Jan 4, 2006

But taken in the context of the meeting and discussion between Sinclair and Tanoos, the statements clearly imply that Kelley was guilty of the crime. … Qualified Privilege 1.

Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Admin. of the Indiana Patient's Compensation Fund v. Anonymous Clinic

63 N.E.3d 349 · Indiana Court of Appeals · Nov 7, 2016

The question is whether the negligence alleged against Defendants qualifies as “health care.” … Selection of preservative-free MPA clearly involved the practice of medicine.

Monical v. Heise

49 Ind. App. 302 · Indiana Court of Appeals · Mar 9, 1911

“A later law which is merely a reenactment of a former does not repeal an intermediate act- which has qualified and limited the first one, but such intermediate act will be deemed to remain in force, and to qualify or modify … In further support of the view we have taken, we might refer to the principle, well established in the construction of statutes, that when a statute makes an exception from its provisions, it is to be presumed that all the

Michael Williams, Jr. v. State of Indiana

983 N.E.2d 661 · Indiana Court of Appeals · Mar 4, 2013

Tate testified with use immunity implicating Williams as the burglar. No witness, other than Peek, indicated that Williams had a gun that day, nor was one found. … Tate was Williams’ accomplice who testified under a grant of use immunity.

Supervised Estate of Allender v. Allender

833 N.E.2d 529 · Indiana Court of Appeals · Sep 1, 2005

Challengers must establish that the trial court's findings are clearly erroneous. Findings are clearly erroncous when a review of the record leaves us firmly convinced that a mistake has been made. … In addition, the caretaker who testified that she only saw Donnie there two or three times qualified that statement by saying, "I work from eight to four, he could have came [sic] afterwards...." Tr. p. 260.

Terrease Nesbitt v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 20, 2020

Pettrie is still serving his sentence and his daughter is at least ten years old, and he was clearly unhappy about this. The Court finds that Mr. … the Court of Appeals of Indiana | Memorandum Decision 19A-PC-2515 | May 20, 2020 Page 4 of 9  time of the crime[s], that there could be no significant negative consequences, and that he would be immune

Sandlin v. Review Board of the Indiana Employment Security Division

77 Ind. Dec. 39 · Indiana Court of Appeals · Jun 30, 1980

Whether Sandlin did any work around the church before he left was never established. … Suffice it to say that a qualified claimant’s interest in unemployment compensation benefits is substantial.

Soames v. Indiana Department of Natural Resources

934 N.E.2d 1154 · Indiana Court of Appeals · Sep 23, 2010

Fire prevention is well established as a primary purpose for the regulation of oil and gas production in Indiana. Jamie-son v. Indiana Natural Gas and Oil Co., 128 Ind. 555 , 28 N.E. 76 (1891). 23. … A court may only set aside agency action that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (8) in excess

Joshua Miller v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 18, 2019

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Apr 18 2019, 9:53 am court except for the purpose of establishing … A police officer may be qualified to identify drugs. E.g., Jones v. State, 957 N.E.2d 1033, 1041 (Ind. Ct. App. 2011).

Perkins v. Owens

721 N.E.2d 289 · Indiana Court of Appeals · Dec 27, 1999

The judgment will be reversed if it is clearly erroneous. Id. Findings of fact are clearly erroneous when the record lacks any evidence or reasonable inferences from the evidence to support them. Id. … To qualify as a part performance of the oral contract certain circumstances must be present and these circumstances must be founded on, and referable to, the oral agreement. Dupont Feedmill Corp. v.

Skrundz v. Review Bd. of Ind. Employment SEC.

444 N.E.2d 1217 · Indiana Court of Appeals · Feb 8, 1983

If the claimant is now attempting to establish an initial TRA claim when he could have done so earlier, the claim will be taken with a current effective date. … It is our opinion 29 C.F.R. § 91.6 clearly permits the Claimants to apply at any time to a State agency for TRA benefits.

Smock v. Coots

165 Ind. App. 474 · Indiana Court of Appeals · Aug 26, 1975

That Nichols and Wolfe are personally qualified to own and operate a package liquor store, but Coots is not; 2. … That Coots was personally qualified to hold a liquor store permit. 2 2.

Sims v. State

771 N.E.2d 734 · Indiana Court of Appeals · Jul 18, 2002

To qualify as fundamental error, an error must be so prejudicial to the rights of the defendants to make a fair trial impossible. Conner, 711 N.E.2d at 1246 . … Petitioner's burden before the post-conviction court was to establish the two elements of ineffective assistance of counsel separately as to both trial and appellate counsel. See id.

Schilling v. Huntington County Community School Corp.

898 N.E.2d 385 · Indiana Court of Appeals · Dec 18, 2008

Being a volunteer firefighter clearly qualifies as ‘any other business or occupation.’ Id. … In Landis , the question before this court was whether a second, nonprincipal employment qualified as an “occupation,” as that word was used in Landis’ terms of exclusion.

Fidelity & Casualty Co. of New York v. State Ex Rel. McWhir

110 Ind. App. 507 · Indiana Court of Appeals · Mar 4, 1941

On questions of demurrer on appeal, the rule has been well and clearly stated by Judge McMahan in Pittsburgh, etc., R. Co. v. Rushton, supra, as follows ( 90 Ind. … This evidence when considered with all of the other evidence conclusively establishes the fact that the deal of the relatrix was a fully consummated deal on the 26th day of August, 1932.

Thomson Inc. n/k/a Technicolor USA, Inc. v. Insurance Company of North America n/k/a Century Indemnity Company, and XL Insurance America

11 N.E.3d 982 · Indiana Court of Appeals · Jun 19, 2014

The injured party can establish some evidence that prejudice did not occur in the particular situation. … How does one “qualify” to be a “Named Insured?” The only logical answer is via the endorsements described.