Case law

City of Hammond v. Herman & Kittle Properties, Inc.

95 N.E.3d 116 · Indiana Court of Appeals · Feb 20, 2018

Hammond alleged the enactment of HEA 1165 “confirms that Hammond qualified for the Fee Exemption in 2014. … Section 23 establishes a requirement of general laws where such can be made in all other cases. Id.

White v. Suggs

56 Ind. App. 572 · Indiana Court of Appeals · Feb 4, 1914

The testator’s wife, Margaret, was named as executrix of the will, but never qualified as such, never remarried and died November 1, 1898. … This language shows clearly an intent on the part of the legislature to prevent a suit before the expiration of the year.

Rowlett v. Vanderburgh County Office of Family & Children

841 N.E.2d 615 · Indiana Court of Appeals · Feb 1, 2006

We will not set aside the trial court's judgment terminating parental rights unless it is clearly erroneous. Id. … The OFC also presented evidence that Father and Mother failed to provide proper medical attention to the children, including failing to obtain their necessary immunizations.

Waldron Health Care Home, Inc. v. Magnant

575 N.E.2d 343 · Indiana Court of Appeals · Jul 25, 1991

The conclusions construe 470 LA.C. 5-4.1-6(e) and determine Waldron should have realized the regulation clearly applied to its situation. … We agree with the trial court's conclusion that: The language of 6(e) does establish a specific time frame within which the 6(e) request must be made.

Deryk Hutton v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 26, 2016

Bollinger, is a qualified polygraph examiner and is qualified by his education, training and experience to testify as an expert witness in interpreting the results of the polygraph examination performed … As noted above, Hutton stipulated the examiner was qualified. He did not challenge the examiner’s qualifications.

Brady v. State

540 N.E.2d 59 · Indiana Court of Appeals · Jun 21, 1989

Additionally, T.B. was centered by the camera angles and clearly visible at all times, but for several occasions when she briefly ran from the rooms or buried her head under the covers of her bed. … However, practical experience is as valid a means of qualifying one as an expert as formal training. Willis, supra, at 876 .

Alleshouse v. State

565 N.E.2d 340 · Indiana Court of Appeals · Jan 15, 1991

The burden is upon the creditor to establish the debt as squarely within the statutory exceptions. In re Schmidt (Bankr.N.D.Ind.1986), 70 B.R. 634, 638 . … The court found the student’s loans were dis-chargeable because only the agreed-to period qualified as a suspension.

Hudson v. State

462 N.E.2d 1077 · Indiana Court of Appeals · Apr 26, 1984

Our supreme court has clearly stated that when mug shots, clearly identifiable as such, are admitted at trial and not objected to, all error based thereon is waived. Robbins v. … But these photographs were not entered into evidence for the purpose of establishing Hudson’s prior criminal activity.

Network Towers, LLC v. BD. OF ZONING APPEALS OF LaPORTE CTY.

770 N.E.2d 837 · Indiana Court of Appeals · Jun 19, 2002

A conditional use is a desirable use which is attended with detrimental effects which require that certain conditions be met before it can be established at a given location. … The Ordinance before us quite clearly specifies that it provides for a conditional use permit, not a variance.

Lazzell v. Indiana Family & Social Services Administration

775 N.E.2d 1113 · Indiana Court of Appeals · Sep 24, 2002

Therefore, to establish his income levels, Mr. Lazzell provided the OFC with a profit and loss statement covering the first five months of 2000. … Using the net income from the current year, the applicant would qualify for benefits, but, using the net income from the prior year, the applicant would not qualify.

Seniours v. State

634 N.E.2d 803 · Indiana Court of Appeals · May 31, 1994

The court granted Coriden's motion to withdraw, but found that Seniours did not qualify to have a public *804 defender represent him. … To make such a determination, the trial court must conduct a hearing to determine the defendant's competency to represent himself and also to establish a record of the waiver. Dowell, supra.

Mundy v. Angelicchio

623 N.E.2d 456 · Indiana Court of Appeals · Nov 22, 1993

This does not qualify as perceiving a material event, condition, or transaction. The present sense impression exception is not established to admit the hearsay evidence. 2. … The attorney may not even vote on the MRP's opinion, because he is not qualified to do so. See I.C. 16-9.5-9-8.

Gunter v. Dealer's Transport Co.

120 Ind. App. 409 · Indiana Court of Appeals · Apr 3, 1950

Elliott in the Teter case as follows: “There can be no doubt that the parties in this instance never contemplated anything else than marriage, and the mutual consent was manifested in the formal marriage of 1871, and was clearly … As the appellant’s cause of action accrued prior to the 1947 Amendment of Burns’ 1940 Replacement, § 40-1403, a common law marriage of five years duration is not necessary to qualify her as a wife and widow.

Bryson Small v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 7, 2020

[8] In this case, three of Small’s four convictions qualified as crimes of violence. See Ind. … Code § 35-50-1-2(a)(6) and (a)(8) (providing that aggravated battery and Level 5 felony battery qualify as crimes of violence).

Kenneth Alford v. Johnson County Commissioners

92 N.E.3d 653 · Indiana Court of Appeals · Dec 29, 2017

Lastly, in certain exigent circumstances, a trial court may request that the State Public Defender provide a qualified attorney for the defense of an indigent person. Ind. Code § 33-40-2-1. … Lastly, the trial court found that the Judicial Appellees were entitled to immunity as to all claims for damages. Id. at 44. Appellants now appeal.

John D. Nellist v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 2, 2018

Although we do not defer to the post-conviction court’s legal conclusions, we review the factual findings under a clearly erroneous standard. Fisher v. State, 810 N.E.2d 674, 679 (Ind. 2004). … The post-conviction court did not clearly err in denying Nellist post-conviction relief. [22] Affirmed. Mathias, J., and Bradford, J. concur.

Z C v. Review Board

Indiana Court of Appeals · Jul 13, 2023

Thus, Z.C. argues that “[he] qualifies.” Id. [19] We, however, disagree. … Therefore, the Department was clearly within the statutory timeframe during which it could notify Z.C. of the overpayment and begin seeking repayment.

Family & Social Services Administration v. Calvert

672 N.E.2d 488 · Indiana Court of Appeals · Nov 20, 1996

DDARS must contract for the adult protective services required in each county with the prosecuting attorney, with a governmental entity qualified to provide the services required, or with a combination of the two. … seeking relief has been prejudiced by an agency action that is (1) arbitrary, capricious, an abuse of discre *493 tion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity

Yovanda R. Vaughn, individually and as special representative of the Estate of Anderson Vaughn, Jr. v. Christopher T. Haughn, M.D., Evansville Surgical Associates (mem. dec.)

Indiana Court of Appeals · Apr 23, 2015

We reverse a trial court’s decision to admit or exclude evidence only if that decision is clearly against the logic and effect of the facts and circumstances before the court, or … The intricacies of laparoscopic surgery are clearly a complex subject matter that requires expert evidence. As such, we decline to apply the common knowledge exception to this case.

Scott Shields v. Town of Perrysville

Indiana Court of Appeals · Dec 9, 2019

Here, the fact-finder was free to accept Bowman’s opinion and reject the surveyor’s as being so qualified as to be unreliable. … Thus, the court did not clearly err in rejecting a claim of abandonment. 2 [18] The judgment is not clearly erroneous. [19] Affirmed.