Case law

In the Matter of the Guardianship of SS

Indiana Court of Appeals · Dec 27, 2024

Discussion and Decision Background [10] Under federal law, a child may be eligible for lawful permanent residency in the United Sates if the child qualifies for classification as an SIJ. … Accordingly, we review a trial court’s findings for an abuse of discretion, which occurs when the decision is “clearly against the logic and effect of the facts and circumstances

Wachowski v. Beke

756 N.E.2d 990 · Indiana Court of Appeals · Oct 11, 2001

. § 31-19-9-15 3 is not jurisdictional, and *997 the trial court should have concluded that his irrevocable implied consent was inequitable because his behavior clearly evinced an intent to establish parental rights. … Specifically, I.C. § 31-19-9-15 clearly states that a putative father forgoes his right to establish paternity of the child if he fails to file his paternity action within thirty days of receiving notice of the potential

Billingsley v. State

960 N.E.2d 882 · Indiana Court of Appeals · Jan 30, 2012

She asserts, however, that the State produced insufficient evidence at trial to establish judgment under one of the predicate offenses. … Trotter’s certified BMV record, which showed that Trotter’s license had been suspended, but did not show that Trotter had received a previous driving while suspended conviction,” and that here, by contrast, the BMV Record “clearly

Ronald E. Barrett v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 18, 2020

Z.R. and Barrett each testified that they believed that Barrett was the father of Z.R.’s daughter, which clearly supports a finding that they are or were engaged in a sexual relationship. … We have little difficulty agreeing with the trial court that this qualifies as “extreme pain” within the meaning of Indiana Code Section 35-31.5-2-292.

Sager v. Moltz

80 Ind. App. 122 · Indiana Court of Appeals · Jun 7, 1923

The instrument was duly admitted to probate by the Porter Circuit Court on January 15, 1920, and appellee Peirce, executor, duly qualified as such. … From these authorities it clearly appears that, unless there was such a waiver upon the part of the one who stands in the place of the decedent, the admission of such testimony was error. But in Morris v.

Rogers v. Rogers

876 N.E.2d 1121 · Indiana Court of Appeals · Nov 20, 2007

At some point, A.R.R. was diagnosed with immune deficiency, and she struggled with constant sickness in her younger years. … Because the trial court is charged with determining the credibility of the witnesses, the findings or judgment will not be set aside unless clearly erroneous. Id.

City of Terre Haute v. Simpson

746 N.E.2d 359 · Indiana Court of Appeals · Mar 30, 2001

II, Was Lisa emancipated at the time of her death such that she did not qualify as Simpson's "child" within the meaning of the Act? III. … There is no explicit requirement under the act that the deceased be "unemancipated" at common law to qualify as a "child." The City points to the case of Wallace v.

Keener School Township v. Eudaly

93 Ind. App. 627 · Indiana Court of Appeals · Mar 31, 1931

Hart now is and since January 1, 1927, has been the elected, qualified and acting township trustee of Keener Township, Jasper County, and that Morgan L. … This action is clearly an action for breach of contract.

Keith v. Mendus

661 N.E.2d 26 · Indiana Court of Appeals · Feb 12, 1996

However, we need not determine the admissibility of these state *37 ments because sufficient other evidence establishes an issue of material fact. … In any case we need not address today whether a non-supervisory employee acting within the scope of his employment is immune from tort liability for interfering with another employee’s contractual relationship.

Indiana University Health Southern Indiana Physicians, Inc. v. Charlene Noel

114 N.E.3d 479 · Indiana Court of Appeals · Nov 7, 2018

The rule, however, sets forth criteria for establishing preferred venue under ten separate subsections. … [25] I.C. § 23-0.5-4-12 clearly conflicts with T.R. 75(A)(4) as the rule has been interpreted by our Supreme Court.9 As set forth above, in American Family, the Court was concerned with the meaning of

Kevin A. Ammons v. State of Indiana

36 N.E.3d 1079 · Indiana Court of Appeals · Jun 17, 2015

First, we examine “what type of scheme” the General Assembly intended the Act to establish. Id. … Considered as a whole, the Act imposes substantial affirmative disabilities and restraints on Ammons, and this first factor clearly favors treating the effects of the Act as punitive when applied to him. 2.Sanctions that

Saalfrank v. Saalfrank

899 N.E.2d 671 · Indiana Court of Appeals · Dec 31, 2008

Whether the trial court clearly erred in not modifying child support; II. Whether the trial court abused its discretion in modifying parenting time; and III. … Conclusion The trial court did not clearly err in declining to modify Father’s existing child support obligation.

Gary v. State

74 Ind. Dec. 209 · Indiana Court of Appeals · Feb 20, 1980

He contends that Officer Burgess was not properly qualified as an expert and, as such, could not testify to this procedure. We disagree. … An, expert may be qualified by evidence of formal training or practical experience. Culley v. State (1979), Ind.App., 385 N.E.2d 486 .

Miller v. Swhier

40 Ind. App. 465 · Indiana Court of Appeals · Jan 30, 1907

But liberal construction does not mean a construction which will enlarge express statutory provisions so as to include a right not clearly given and inconsistent with other well-established and fundamental principles of law … But, when the right to an exemption is clearly established, it will be enforced notwithstanding formal or technical objections. 3. Haas v. Shaw (1883), 91 Ind. 384, 394 .

Barnes v. Luttrull

557 N.E.2d 692 · Indiana Court of Appeals · Jul 31, 1990

Luttrull and Miller respond that Homer and Grace clearly intended to sever the entireties nature of the real estate’s title when they executed the 1978 deed and therefore Grace held only a life estate in the property. … It has long been the law in Indiana that a deed to a husband and wife without qualifying language vests title in them as tenants by the entireties. Pension Fund of Disciples of Christ v.

Christian Ricker v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 15, 2015

Appellate Rule 65(D), this May 15 2015, 9:31 am Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of … Ricker’s counsel failed to object to the use of CAAS evidence or Hahn’s status as a qualified expert.

Marriage of Roberts v. Roberts

670 N.E.2d 72 · Indiana Court of Appeals · Aug 28, 1996

Therefore, while Indiana does not permit a degree to be included as marital property, and further will not allow an award of future earnings unless the spouse qualifies for maintenance, nevertheless the earning ability of … Reversal is appropriate only where the trial court’s award is clearly against the logic and effect of the facts and circumstances before the court.

Timmy T. Zieman v. State of Indiana

990 N.E.2d 53 · Indiana Court of Appeals · Jun 25, 2013

Accordingly, the PC court clearly erred in finding that trial counsel did not provide ineffective assistance, and we reverse the denial of Zieman’s PCR petition. … The appellate court must accept the post-conviction court’s findings of fact and may reverse only if the findings are clearly erroneous.

Bergner v. State

73 Ind. Dec. 1 · Indiana Court of Appeals · Dec 12, 1979

Barry Mones was qualified as an expert photograph examiner for the F.B.I. His analysis of the photographs revealed they were “authentic and . . not composites or altered.” … There were three main grounds used by the State to establish the foundation. They clearly demonstrate a sufficient degree of authenticity for the admission of the photographs.

Clemans v. Wishard Memorial Hospital

727 N.E.2d 1084 · Indiana Court of Appeals · Apr 25, 2000

In essence, it asks us to create a zone of temporal and spatial immunity while Clemans crossed from one portion of Wishard’s premises to the other. … Youngstown Sheet & Tube Co., 474 N.E.2d 1013 (Ind.1985), which we find to be clearly distinguishable from the instant case.