Case law

Terre Haute First National Bank v. Pacific Employers Insurance Co.

634 N.E.2d 1336 · Indiana Court of Appeals · Apr 6, 1994

"It is the nature of the claim, not its merit, which establishes the insurer's duty to defend." Id. … If the pleadings disclose that a claim is clearly excluded under the policy, no defense is required. Id.

Dugan v. State

860 N.E.2d 1288 · Indiana Court of Appeals · Feb 9, 2007

An abuse of discretion occurs where the decision is clearly against the logic and effect of the facts and circumstances. Hines, 794 N.E.2d at 471 (citing Hyppolite v. … In order to prove unlawful possession of a firearm by a SVF, the State must prove that Dugan knowingly or intentionally possessed a firearm while, at the same time, having a qualifying prior felony conviction as enumerated

Kuespert v. State

177 Ind. App. 142 · Indiana Court of Appeals · Aug 1, 1978

However, IC 4-12-l-13(b), supra, clearly excepts persons whose salaries are fixed by the governor from the auspices of the budget agency’s salary-fixing power. … Therefore, the salary-fixing procedure for State Police employees qualifies as one of the exceptions enumerated in IC 4-12-1-13(b), supra, and the Budget Agency is without power to set salaries for State Police employees.

Perdue v. Murphy

938 N.E.2d 766 · Indiana Court of Appeals · Dec 3, 2010

The Court found "the interest of the eligible recipient in uninterrupted receipt of public assistance, coupled with the State's interest that his payments not be erroneously terminated, clearly outweighs the State's competing … Perdue's claim of discrimination under the acts required her to establish: she is disabled; she is otherwise qualified for the benefits sought; she was excluded from participation or benefits because of her disability, and

Michael N. Payne, M.D. v. Carmel Physician Surgery Center, LLC, Carmel Ambulatory Surgery Center, LLC, and Weldon T. Egan, M.D. (mem. dec.)

Indiana Court of Appeals · Feb 26, 2019

Immunity from Liability 1. … [62] Based on this undisputed evidence, even though Payne technically no longer qualified for membership in the Holding Company due to a lack of hospital privileges and failure to perform the required

Dean v. Kruse Foundation, Inc., Dean Kruse and Kruse International v. Jerry W. Gates

973 N.E.2d 583 · Indiana Court of Appeals · Aug 7, 2012

Kruse also stated that the earnest money was used to pre-qualify bidders for participation in the auction. … First, a party seeking to enforce a liquidated damages provision must demonstrate some proportionality between the loss and the sum established as liquidated damages. Harbours Condominium Ass’n , Inc. v.

Helm v. Helm

873 N.E.2d 83 · Indiana Court of Appeals · Sep 5, 2007

We will set aside the trial court’s findings and conclusions only if they are clearly erroneous. Id. A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake was made. … We have little trouble concluding that the lottery payments at issue in this case qualified as a “presently fixed right to future enjoyment[,]” very closely analogous to the annuity at issue in Sedwick .

Derrick Demarco Armstead v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 12, 2015

The defendant must establish not only the grounds for prosecutorial misconduct but must also establish that the prosecutorial misconduct constituted fundamental error. … constitute clearly blatant violations of basic and elementary principles of due process and (b) present an undeniable and substantial potential for harm.

Darreus Rainwater v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 4, 2016

In other words, to establish fundamental error, the defendant must show that, under the circumstances, the trial judge erred in not sua sponte raising the issue because the alleged errors (1) constitute clearly … He also claims that the prosecutor improperly argued during closing argument that he could have given Porter immunity. Id. at 399. We find no misconduct in either example.

O'Brien v. Clarke

102 Ind. App. 421 · Indiana Court of Appeals · Feb 18, 1936

The executors nominated in the will qualified and administered upon the estate. Their final report was approved January 27, 1923, and they were discharged as such executors. … This intention was .clearly reflected and given effect in the judgment of the trial court.

West v. State

938 N.E.2d 305 · Indiana Court of Appeals · Dec 20, 2010

Hardiman was not charged for his role in the crime, but was granted use immunity for his testimony in the case pursuant to a plea agreement he entered into in an unrelated federal criminal case. … Furthermore, this court accepts the post-conviction court's findings of fact unless they are clearly erroneous. Bigler v. State, 732 N.E.2d 191, 194 (Ind.Ct.App.2000), trams, demied.

Jerald Clark, III v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 1, 2016

FILED this Memorandum Decision shall not be Sep 01 2016, 5:57 am regarded as precedent or cited before any CLERK court except for the purpose of establishing … However, a court abuses its discretion if it does not consider significant mitigators advanced by the defendant and clearly supported by the record. Anglemyer, 868 N.E.2d at 490.

Michigan City Education Ass'n v. Board of School Trustees

577 N.E.2d 1004 · Indiana Court of Appeals · Sep 18, 1991

The 1972 Gary Teachers Union case, supra, established that school boards may collectively bargain with teachers' representatives. … The manifestation of the legislative intent underlying the TTA is present in the qualifying provisions of the Indiana General School Powers Act, supra, IC 20-5-2-2(7), and in the CEEBA, supra, by excluding the subjects of

Humbert v. Smith

655 N.E.2d 602 · Indiana Court of Appeals · Feb 14, 1996

He argues that *606 "[slinee the State's evidence barely supports an argument that there is a "possibility" that [Humbert] could be this child's father, [thus] ... the judgment of the trial court ... is clearly erroneous … The tests shall be performed by a qualified expert approved by the court."

Joel Bowden, Ruby Bowden, Golden Companies, Inc., and Golden Purchasing and Staffing, Inc. v. E.J. Agnew and Golden-AGI, LLC

2 N.E.3d 743 · Indiana Court of Appeals · Jan 9, 2014

The Bowdens next challenge DeWitt’s expert opinion testimony offered by Agnew to establish the profitability of the Project. … The Bowdens, who have not directly challenged any of the trial court’s specific findings or conclusions, have failed to establish that the trial court’s reliance on DeWitt’s expert testimony regarding damages was clearly

Hollins v. State

790 N.E.2d 100 · Indiana Court of Appeals · May 8, 2003

DECISION The petitioner for post-conviction relief “has the burden of establishing his grounds for relief by a preponderance of the evidence.” Ind. Posi>-Conviction Rule 1 § 5. … “Few points of law are as clearly established as the principle that ‘[tjactical or strategic decisions will not support a claim of ineffective assistance.’ ” McCary, 761 N.E.2d at 392 (quoting Sparks v.

Taylor v. State

663 N.E.2d 213 · Indiana Court of Appeals · Mar 25, 1996

We conclude that the Community Center qualifies, under I.C. 86-1-2-10, as a municipal corporation because it is a separate local governmental entity that may sue or be sued. … The check clearly had value, and the trial court abused no discretion when it denied Taylor's *218 motion to dismiss. See Johnston v. State, 530 N.E.2d 1179, 1180 (Ind.1988).

Spears v. State

811 N.E.2d 485 · Indiana Court of Appeals · Jul 13, 2004

Moreover, the encounter occurred outside the courthouse where Edwards' remark was clearly made in passing. … Thus, unlike previous case law, there clearly was not even a relationship here, let alone, a conversation between two people.

George Dean King v. Kay S. King

982 N.E.2d 1026 · Indiana Court of Appeals · Jan 15, 2013

Findings of fact are clearly erroneous when the record lacks any reasonable inference from the evidence to support them, and the trial court’s judgment is clearly erroneous if it is unsupported by the findings and the … In establishing whether the 9 findings or the judgment are clearly erroneous, we consider only the evidence favorable to the judgment and all reasonable inferences to be drawn

Deasy-Leas v. Leas

693 N.E.2d 90 · Indiana Court of Appeals · Mar 25, 1998

The specter of confidentiality is again raised in Chapter 3 of Article 33 providing for the establishment of a multi-disciplinary “community child protection team.” IND. CODE § 31-33-3-1 (1997 Supp.). … The entire statutory framework with regard to children is clear as to the reporting of instances of child abuse and neglect; even statutorily created privileges are qualified to except communications regarding child abuse