Case law

Baker v. Lee

901 N.E.2d 1107 · Indiana Court of Appeals · Feb 19, 2009

They contended that Lee lacked standing to pursue visitation with the Children after the adoption because (1) he was no longer a "grandfather," and (2) he had not previously established visitation rights under the Grandparent … We find that Indiana Code Section 31-17-5-9 clearly permits grandparent visitation to survive adoption of a child by another biological grandparent.

Richard Scott Lambert v. Michael Shipman and Kent Abernathy

53 N.E.3d 1198 · Indiana Court of Appeals · Apr 26, 2016

Some of the conditions for obtaining relief under I.C. § 9-30-10-14.1 are straightforward and easily established. … [10] Other conditions for obtaining relief, however, are not so readily established.

Town of Georgetown v. Sewell

786 N.E.2d 1132 · Indiana Court of Appeals · Apr 21, 2003

Here, the record clearly establishes that although the Sewells, not Timothy, purchased tract one, they never obtained a legal interest in the property. … Here, Timothy fails to establish that his investment-backed expectations have been frustrated to the extent necessary to establish a taking in violation of the Fifth Amendment.

Minor v. State

792 N.E.2d 59 · Indiana Court of Appeals · Jul 22, 2003

The petitioner must establish his grounds for relief by a preponderance of the evidence. … Indiana Code Section 35-37-1-1 provides in relevant part that “[i]f a defendant is charged with ... murder, a Class A felony, a Class B felony or a Class C felony, the jury shall consist of twelve (12) qualified jurors unless

Town of New Ross v. Ferretti

815 N.E.2d 162 · Indiana Court of Appeals · Sep 22, 2004

A judgment is clearly erroneous if it applies the wrong legal standard to properly found facts. Id. … Accordingly, the trial court's judgment on this point is clearly erroneous.

James L. Bullock v. Natasha Bullock (mem. dec.)

Indiana Court of Appeals · Nov 20, 2015

Appellate Rule 65(D), this Memorandum Decision shall not be Nov 20 2015, 8:05 am regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, …  The parties stipulated that Natasha qualifies for spousal maintenance because she is physically incapacitated and unable to support herself.

Abels v. Monroe County Education Ass'n

489 N.E.2d 533 · Indiana Court of Appeals · Feb 18, 1986

The argument continues, in essence, that MCEA alone was qualified to act as the exclusive representative. They assert that neither ISTA nor NEA were entitled to act in that capacity. … Rather, they first contend that MCEA failed to adequately establish the extent to which ISTA and NEA assisted MCEA in collective bargaining.

Brent Myers v. Jarod Coats

Indiana Court of Appeals · Mar 29, 2012

The undisputed facts here establish that the DOC determines whether an incarcerated individual belongs on the Registry and also handles complaints about mistaken sex offender registrations. … J. concur 5 Having found this issue dispositive, we need not address the parties’ arguments concerning whether Coats’ claim is barred by the statute of limitations or whether Myers is entitled to qualified immunity.

Stokes v. State

828 N.E.2d 937 · Indiana Court of Appeals · Jun 14, 2005

It is firmly established, however, that hearsay is admissible at sentencing hearings. See Ind. … Moreover, the Shepard holding was narrowly drawn so as to apply only to the ACCA and the issue of what documents could be admitted to establish if a prior conviction qualified as an ACCA predicate felony.

Justin C. Cherry v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 22, 2016

Supreme Court precedent or cited before any court except for the Court of Appeals and Tax Court purpose of establishing … He also admitted that he had two prior, unrelated felony convictions, thus qualifying as an habitual offender.

Heritage House of Salem, Inc. v. Bailey

652 N.E.2d 69 · Indiana Court of Appeals · Jun 12, 1995

Medicaid was established in 1965 as a part of the same legislative package that included Medicare, the federal health insurance program for the elderly. … This federal regulation establishes that an entity participating in the Medicaid program may be located within a larger nursing institution.

BD. OF AVIATION COM'RS OF CLARK CTY. v. Schafer

174 Ind. App. 59 · Indiana Court of Appeals · Aug 16, 1977

FACTS The Board of Aviation Commissioners of Clark County is an executive department of Clark County, Indiana, and is authorized by law to acquire, establish, construct, maintain, improve, and operate airports. … (Original emphasis) In the case at bar the evidence presented by the Board clearly shows that the Board members were in possession of an appointive office, performing their respective duties of their office, and claiming

Benefield v. State

901 N.E.2d 602 · Indiana Court of Appeals · Feb 25, 2009

An abuse of discretion occurs if "the decision is clearly against the logic and effect of the facts and circumstances." Id. … Had Benefield's forgery had its intended effect, she would have been working in a health-care position for which she was not legally qualified.

Silverman v. Villegas

894 N.E.2d 249 · Indiana Court of Appeals · Sep 30, 2008

In order to qualify for an award of attorney fees, a plaintiff must be a “prevailing party.” … Illegal aliens, such as plaintiffs, are not a suspect class implicating constitutional scrutiny under the complementary equal protection clause of the United States Constitution and privileges and immunities clause of the

Stockberger v. Meridian Mutual Insurance

182 Ind. App. 566 · Indiana Court of Appeals · Oct 25, 1979

Clearly there was no meeting of the minds upon the subject matter of the *1280 insurance coverage according to Stockber-ger’s testimony. … It necessarily follows that Stockberger did not establish a breach of contract or breach of an ensuing duty by Clary.

Hill v. Davis

850 N.E.2d 993 · Indiana Court of Appeals · Jul 20, 2006

Thus, we may reverse the trial court if the appellant is able to establish prima facie error. Jones v. Harner, 684 N.E.2d 560 , 562 n. 1 (Ind.Ct.App.1997). … In their appellant's brief, Tenants argue that the award of attorney's fees is clearly erroneous because it is contrary to law.

Adams v. City of Fort Wayne

423 N.E.2d 647 · Indiana Court of Appeals · Jul 21, 1981

[I]t would seem that the ‘right’ of the taxpayers as a personal right would be insufficient to establish standing.” 271 N.E.2d at 479 . … It contained no recital that they were bringing suit on behalf of a class, and no allegation or showing that they were qualified to do so. 3 .

Dobbs v. State

433 N.E.2d 848 · Indiana Court of Appeals · Apr 15, 1982

Dobbs insists that a proper chain of custody was not established for the recording. The law in this area is clear. The State is required to prove a complete chain of custody. … Clearly, the facts of this case do not support a constitutional challenge to IC 35 — 42—3—3 and IC 35-41-1-2.

In re the Termination of the Parent Child Relationship of: K.E. (Minor Child), and A.C. (Mother) v. Indiana Department of Child Services

Indiana Court of Appeals · Jan 13, 2021

We can think of few rights more extraordinarily compelling than a parent’s Fourteenth Amendment right to establish a home and raise her children. … In deference to the juvenile court’s unique position to assess the evidence, we will set aside a judgment terminating a parent-child relationship only if it is clearly erroneous.

Reilly v. Daly

666 N.E.2d 439 · Indiana Court of Appeals · Jun 7, 1996

The power to issue a preliminary injunction should be used sparingly, and such relief should not be granted except in rare instances in which the law and facts are clearly within the moving party’s favor. T.H. … I, § 23 which provides in perti *446 nent part: "The General Assembly shall not grant any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.”