Case law

Perez v. Bakel

862 N.E.2d 289 · Indiana Court of Appeals · Mar 6, 2007

If I have a weight hanging on the end of this established clot that is getting beaten on by this blood flow going by, it’s possible that that established clot can be dislodged and the whole kit and caboodle can go up toward … The court acknowledged that although Indiana Code Section 34-51-4-2 specifically precludes an award of prejudgment interest against the Patient’s Com *297 pensation Fund, there is no comparable provision immunizing health

Sexton v. Jackson County Board of Zoning Appeals

884 N.E.2d 889 · Indiana Court of Appeals · Apr 18, 2008

This statement, taken at face value, only establishes that the properties to which counsel refers sold for the asking price; it does not establish that the property values did not decrease prior to their listing. … The trial court’s findings and conclusions to the contrary are clearly erroneous.

Edwards v. Commonwealth

191 Va. 272 · Indiana Court of Appeals · Sep 6, 1950

Very clearly the evidence does not show any violation of sections 1 or 2. … The court expressly did not qualify the Thornhill and Carlson decisions but reaffirmed them, saying they “involved statutes baldly forbidding all picketing near an employer’s place of business.

DeMarcus DeMorrow Bush v. State of Indiana

Indiana Court of Appeals · Sep 12, 2024

the essential elements of Rape, for which Garrett was acquitted, may also have been used on retrial to establish all of the essential elements of 2 While the Indiana Supreme Court has overruled … We review the trial court’s ruling on the admission of evidence for an abuse of discretion and reverse “only where the decision is clearly against the logic and effect of the facts and circumstances.”

Whinery v. Roberson

819 N.E.2d 465 · Indiana Court of Appeals · Dec 17, 2004

Furthermore, the SPA specifically states its purpose is to promote efficiency by hiring qualified employees through a merit-based system. Id. at 897 . … Clearly, at some made lower percentage, the SPD's exercise of discretion might be vacated as unreasonable and abusive.

Gaddis v. McCullough

827 N.E.2d 66 · Indiana Court of Appeals · May 10, 2005

As originally ratified in 1851, the provision allowed a qualified voter "to vote in the township or precinet where he may reside." Ind. … The trial court spelled out clearly for the unsuccessful candidates the problemas with their claim.

Jeremy Darringer v. State of Indiana

46 N.E.3d 464 · Indiana Court of Appeals · Nov 13, 2015

going to be clearly visible at midnight and that is, it’s supposed to be clearly visible. … And the inquiry is not as forgiving as the one employed in the distinct context of deciding whether an officer is entitled to qualified immunity for a constitutional or statutory violation.

In re the Guardianship of: A.S.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. A judgment is clearly erroneous when unsupported by the findings of fact and conclusions thereon. Id.

Baltimore & Ohio Railroad v. Wabash Railroad

31 Ind. App. 201 · Indiana Court of Appeals · May 26, 1903

Under this agreement the parties named their respective commissioners, who selected a third,, and the three were appointed by the court, and qualified and entered upon their duties under an order of the court drafted and … This view of the matter is clearly and plainly expressed in §5158a, supra, by which the court is directed, “to ascertain and define by its decree the mode of such crossing which will inflict the least practicable injury upon

Delmas Sexton II v. State of Indiana: Allen County Public Defender's Office (mem. dec.)

Indiana Court of Appeals · Mar 16, 2016

Appellate Rule 65(D), Mar 16 2016, 8:21 am this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing … Our standard of review of summary judgment appeals is well established: When reviewing a grant of summary judgment, our standard of review is the same as that of the trial court.

Woods v. Brown County Plan Commission

446 N.E.2d 973 · Indiana Court of Appeals · Mar 22, 1983

Section 8.1 discusses primary uses as follows: "Primary uses are authorized in the districts established by or under section 2.1, as shown in the following table. … The attestation of its authenticity by the executive officer of the Plan Commission charged with the duty of keeping the records qualifies it to be admitted into evidence.

Rogers v. State

814 N.E.2d 695 · Indiana Court of Appeals · Sep 10, 2004

From these generalities, the Court extrapolated that statements made during a police "interrogation" would qualify as "testimonial" statements. Id. … also have been used to establish the essential elements of a second challenged offense.

Thornberry v. City of Hobart

887 N.E.2d 110 · Indiana Court of Appeals · May 27, 2008

An abuse of discretion may occur if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or if the trial court has misinterpreted the law. McCullough v. … The burden is on the complainant to establish the invalidity of the administrative action and the court may not interfere with the discretionary authority of the administrative body unless it is established that such body

Kelley v. Vigo County School Corp.

806 N.E.2d 824 · Indiana Court of Appeals · Apr 22, 2004

After oral argument on the matter, on June 30, 2003, the trial court granted the School's motion for summary judgment based on Kelley's "failure to establish a prima facie defama *829 tion case against Defendants for lack … We further held that allegations of poor job performance by Kelley "plainly f{elll within the qualified privilege of common interest" of their employment. Id. at 10.

Christopher A. Toth v. Julia Lynne Noblitt (mem. dec.)

Indiana Court of Appeals · Oct 17, 2017

A decision is clearly erroneous if it is clearly against the logic and effect of the facts and circumstances before the trial court. Id. … and transportation while in school was clearly erroneous.

In the Matter of K.W., A.W., and D.W. (Minor Children), Children in Need of Services, and D.W. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · Aug 12, 2016

We will set aside the trial court’s findings and conclusions only if they are clearly erroneous and a review of the record leaves us firmly convinced that a mistake has been made. Id. … Finger prints: Qualified Sex offender: No history Criminal history: No history Id. at 97-98.

Alexander v. Roush

137 Ind. App. 306 · Indiana Court of Appeals · May 18, 1965

The evidence in the case at bar clearly shows that at no *313 time did the surveyor make an investigation of the existing Arthur Kelly Drain. “Q. … The territorial limits of its power, the subjects and classes over which its power may be exercised, the terms upon which it may put its power into action, are as firmly and clearly established as the right to adjudicate

Greater Hammond Community Service v. Mutka

699 N.E.2d 757 · Indiana Court of Appeals · Sep 23, 1998

In 1976, the board of directors for Hammond Opportunity Center amended its articles of incorporation so that it would qualify for federal tax exemption status. … In Ayres , our supreme court addressed the issue of whether a volunteer fire department was entitled to the immunity afforded by the ITCA.

Christina Lyons v. Gene B. Glick Company, Inc. as Managing Agent for Woodbridge of Bloomington (mem. dec.)

Indiana Court of Appeals · Dec 19, 2018

Lyons, however, makes no cogent argument that she is a qualified individual with a handicap, and she presented no such evidence to the small claims court. … Under these circumstances, the small claims court’s judgment for Glick was not clearly erroneous.

State Board of Tax Commissioners v. Traylor

141 Ind. App. 324 · Indiana Court of Appeals · Jul 6, 1967

This table clearly shows that base price, divided by the residence area in square feet, produces an average cost per square foot reduction from $29.87 to $12.86. … 72 A.L.R. 2d, p. 1383, to wit: “In so far as the liability of state officers, boards, or agencies for costs can be treated separately from the liability of the state itself, it may be said that, generally speaking, the immunity