Case law

Lee Alan Bryant Health Care Facilities, Inc. v. Hamilton

788 N.E.2d 495 · Indiana Court of Appeals · May 16, 2003

. _ Bryant Health Care is a qualified provider of residential care to RCAP recipients. … Thus, contrary to Plaintiffs' assertion, these statutes do not obligate DDARS to pay for residential care for all qualified individuals.

Damonta Lamont Jarrett v. State of Indiana

Indiana Court of Appeals · Nov 30, 2020

These statutes do not clearly permit multiple punishments, either expressly or by unmistakable implication. … Here, there is no dispute that Jarrett’s attempted robbery conviction qualifies.

Iseton v. State

472 N.E.2d 643 · Indiana Court of Appeals · Dec 27, 1984

Even when a defendant is present at trial, witnesses need not point to the defendant to establish the requisite identification. State v. … jurors in a felony case other than a Class D felony case; or (2) six (6) qualified jurors in a Class D felony, misdemeanor, infraction or ordinance violation case."

In the Matter of: L.S., C.S., & W.S., (Minor Children) and J.S. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · Apr 6, 2016

Supreme Court Court of Appeals as precedent or cited before any court except and Tax Court for the purpose of establishing … L.S. did not qualify for the program and neither parent sought any further treatment or therapy.

Scott David Luce v. Cathy Sue Luce n/k/a Cathy Sue Valenti (mem. dec.)

Indiana Court of Appeals · Sep 30, 2020

Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Sep 30 2020, 8:54 am court except for the purpose of establishing … Further the terms of the Qualified Domestic Relations Order are similarly clear. First, the parties both signed the Qualified Domestic Relations Order.

Pinkus v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.

65 Ind. App. 38 · Indiana Court of Appeals · Nov 9, 1916

Ed. 919 , it was said: “It would seem on general principles that if the party who actually causes the injury is free from all civil and criminal liability therefor, his employer must also be entitled to a like immunity.” … Diehl, 84 Ind. 274 , our Supreme Court very clearly defined the duties and liabilities of sleeping car companies toward occupants of berths upon their coaches.

Bunker v. National Gypsum Co.

426 N.E.2d 422 · Indiana Court of Appeals · Sep 29, 1981

Despite this, the test to be employed when the question is raised can be clearly and simply stated. The leading Indiana decision is Wright-Bachman Inc. v. Hodnett (1956), 235 Ind. 307 , 133 N.E.2d 713 . … Although the determination of the legislature is reviewable by the courts, the courts will not inquire into the wisdom of the legislative decision in establishing the period of legal bar, unless the time allowed is so short

Real Estate Appraiser License and Certification Bd. v. Stewart

695 N.E.2d 962 · Indiana Court of Appeals · Apr 30, 1998

Because the Petitioner does not meet the applicable requirements, he does not qualify for admission to the examination.” Record at 34-35. Stewart petitioned the trial court to review the Board’s Final Order. … Instead, deference is given to the trial court, and we will set aside the trial court’s findings only if they are clearly erroneous. Vanderburgh County Bd. of Comm’rs v.

Snuffer v. State

461 N.E.2d 150 · Indiana Court of Appeals · Mar 29, 1984

The trial jury used in civil cases shall act also in criminal cases, but must in criminal cases consist of: (1) twelve (12) qualified jurors in a felony case other than a Class D felony case; or (2) six (6) qualified jurors … This evidence was clearly sufficient to allow the jury to conclude that the vehicle which Snuffer dismantled was that of Roy Brown.

Ross v. State

172 Ind. App. 484 · Indiana Court of Appeals · Mar 21, 1977

. *487 Therefore, every statute stands before us clothed with the presumption of constitutionality, and such presumption continues until clearly overcome by a showing to the contrary.” … As an expert may be qualified by either practical experience or formal training, Guyton, supra, we find no abuse of discretion or error by the trial court on this issue.

Sullivan v. Day

661 N.E.2d 848 · Indiana Court of Appeals · Feb 20, 1996

could qualify for medical services. … which would have caused him to no longer qualify under the medical definition.

Eric Kennedy v. Michelle M. Wade (mem. dec.)

Indiana Court of Appeals · Mar 16, 2017

Findings will be set aside if they are clearly erroneous. Id. Findings are clearly erroneous only when the record contains no facts to support them either directly or by inferences. Id. … After her first year at Arizona State University, K.K. would qualify for in-state student rates, which would make the tuition comparable to Purdue University.

Indiana Department of Natural Resources, Law Enforcement Division v. Cobb

832 N.E.2d 585 · Indiana Court of Appeals · Aug 11, 2005

To meet her burden of establishing a prima facie case of gender discrimination, Cobb had to show that: (1) she was a member of a protected class; (2) she was qualified for the job in question or was meeting her employer's … If the complainant does not establish all four elements, her claim fails as a matter of law. Id. In this case, only elements two and four are at issue.

A.W. v. Z.B.

908 N.E.2d 1205 · Indiana Court of Appeals · Jul 9, 2009

Because Father and M.P.M.W. had not had a relationship prior to the filing of the paternity petition, a gradual schedule of unsupervised visitations was established. … The child's immunizations were not kept up to date by the Mother. Appellant's App. at 38-89.

Christopher C. Ferran v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 8, 2019

Specifically, Ferran alleges the detective’s testimony concerning the identification of the pipe residue as methamphetamine was inadmissible because the State failed to establish that the detective qualified … An abuse of discretion occurs when a decision is clearly against the logic and effect of the facts and circumstances before the court. Paul v. State, 971 N.E.2d 172, 175 (Ind. Ct. App. 2012).

Jones v. Greiger, Trustee Etc.

130 Ind. App. 526 · Indiana Court of Appeals · May 5, 1960

Greiger, was, at all times mentioned in the complaint in this cause the duly elected, qualified and acting Trustee of Cass Township, La Porte County, Indiana. *529 “4. … The findings of the trial court will not be disturbed under a charge that the findings or decision is contrary to law, unless the same is clearly erroneous, McConnell et al. v.

Jennings v. St. Vincent Hospital & Health Care Center

832 N.E.2d 1044 · Indiana Court of Appeals · Aug 17, 2005

The one with the workplace is shielded from traditional tort liability because it qualifies as a "co-employer." … Judge Kirsch aptly stated a few years ago that the purpose of the Worker's Compensation Act is "not to immunize third-party tort feasors and their liability insurers from liability for negligence which results in serious

In re the Guardianship of: A.E.S. Glen Scisney v. Saleem Adams and Tamara Adams (mem. dec.)

Indiana Court of Appeals · May 11, 2018

The findings will not be set aside unless clearly erroneous. Id. Findings are clearly erroneous when the record lacks any facts or reasonable inferences to support them. Id. … Further, we will not set aside the judgment unless clearly erroneous. Id.

Fry v. State

885 N.E.2d 742 · Indiana Court of Appeals · May 9, 2008

An abuse of discretion occurs if a trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Id. … However, Indiana Evidence Rule 902 is one exception to the general requirement that other evidence establish the authenticity of an exhibit. Id.

Sears Roebuck and Co. v. Manuilov

715 N.E.2d 968 · Indiana Court of Appeals · Sep 8, 1999

The direct questioning of the plaintiff and his careful answers appeared to be clearly designed to leave the jury with a false impression. … We are therefore led to the conclusion that expert scientific testimony is re- quired to establish and explain the complex causal relationship between Manuilov’s fall and his injuries.