Case law

Flagg v. McCann Corp.

498 N.E.2d 76 · Indiana Court of Appeals · Oct 7, 1986

Baker, as duly appointed and qualified Administrator of the Estate of Tina J. Baker, deceased, ... does hereby release, acquit and forever discharge Daniel 0. … A case referred to us by Flagg and Baker clearly establishes that a tavern may be liable for the consequences of serving liquor to an intoxicated person whom the server knows or should have known. was driving an automobile

Collins v. State

966 N.E.2d 96 · Indiana Court of Appeals · Apr 19, 2012

establish the lesser included offense, then the lesser included offense is inherently included in the crime charged. … An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court or it misinterprets the law. Id.

Carter v. Indianapolis Power & Light Co.

837 N.E.2d 509 · Indiana Court of Appeals · Nov 10, 2005

[The plaintiff] was clearly a user of the road. Thus, we have no difficulty concluding that-a relationship exists on which a duty could be premised." Id. … The County would likewise be immune for its alleged failure to enforce the speed limit. See Ind.Code § 34-13-3-3(8).

Slate v. State

798 N.E.2d 510 · Indiana Court of Appeals · Nov 13, 2003

Indeed, alternate jurors are presumed to be fair and equally qualified as other jurors. French v. State, 521 N.E.2d 346, 349 (Ind.1988). … Slate relies upon our analysis in Hall to assert that "the controlling law clearly establishes that juror inattentiveness or jury sleepiness is insufficient to prejudice the defendant, thus it logically follows that it is

Corey Hamersley v. Indiana Department of Correction, and American Broadcasting Company, Inc. (mem. dec.)

Indiana Court of Appeals · Feb 5, 2019

determines that the claim: (1) is frivolous; (2) is not a claim upon which relief may be granted; or (3) seeks monetary relief from a defendant who is immune … This hardly qualifies as evidence that ABC knew or had a high degree of awareness of the report’s falsity.

Shellie S. Gryniewicz f/k/a Shellie S. Shih v. Daniel Shih (mem. dec.)

Indiana Court of Appeals · May 27, 2015

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as May 27 2015, 9:05 am precedent or cited before any court except for the purpose of establishing the defense … We take the gist of this comment to be that not all visits in which a child stays overnight may qualify for the parenting time credit.

Aaron v. Review Bd. of Indiana EmPloyment Security Div.

416 N.E.2d 125 · Indiana Court of Appeals · Feb 3, 1981

The majority opinion with regard to this issue clearly overrules the two cases last cited and usurps the prerogative of the Indiana General Assembly. … Since I would hold that claimants at exempt plants were not disqualified under the labor dispute section of the Act, they need not show they have become qualified.

BKC v. State

781 N.E.2d 1157 · Indiana Court of Appeals · Jan 9, 2003

Specifically, B.K.C. argues that his determinate wardship was erroneous because "a prerequisite to determining if a juvenile offender qualifies for a [determinate] sentence is a determination by the judge under Indiana Code … The qualifying offenses include ten with sexual elements (i.e., Ind.Code §§ 5-2-12-4(a)(1) (10)) and two, kidnapping and criminal confinement, where the victim is less than eighteen years of age (i.e., Ind.Code §§ 5-2-12-

In the Matter of the Guardianship of M.B., Mariea L. Best v. Russell C. Best (mem. dec.)

Indiana Court of Appeals · Jun 16, 2015

[5] While the appeal in Best II was pending, Russell filed a petition to establish guardianship over M.B.’s person in Boone Superior Court. … attend the guardianship hearing and that she could testify if called as a witness. 3 The trial court’s dismissal of Mariea’s petition for replacement was “without prejudice if [Russell] (a) is found not qualified

In the Matter of the Term. of the Parent-Child Relationship of: M.S., A.S., El.S., & Ev.S. and S.S. (Mother) and R.S. (Father) v. Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · Mar 9, 2016

Blix), an associate professor of clinical psychiatry at Indiana University Medical Center and a qualified expert in the area of factitious disorders. Dr. … Blix clearly stated that because of Mother’s factitious disorder, Children were still at extreme risk for neglect.

State of Indiana v. Sameer Girish Thakar

71 N.E.3d 27 · Indiana Court of Appeals · Feb 14, 2017

A criminal statute is void for vagueness if it does not clearly define its prohibitions. Id. … However, the provisions cited by the State more generally concern establishments that serve alcohol, or the banning of live sex acts in such establishments, and do not reflect a specific policy with regards

T.J. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 9, 2015

The juvenile court overruled T.J.’s objection and admitted the autopsy report; however, the juvenile court qualified its ruling by stating that Dr. … “Because the trial court is best able to weigh the evidence and assess witness credibility, we review its rulings on admissibility for abuse of discretion and only reverse if a ruling is clearly against the

In the Term. of the Parent-Child Relationship of I.C., N.K., L.L., and L.L., III (Minor Children), E.B. (Mother) v. Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · May 24, 2016

As to suitable housing, if [M]other has five children in her custody, she would qualify for a subsidized, three bedroom apartment. … DCS need establish only one of the requirements of subsection (b)(2)(B) before the trial court may terminate parental rights. Id.

Phillip D Hinkle v. State of Indiana

Indiana Court of Appeals · Aug 15, 2024

We review these determinations for an abuse of that discretion and reverse only when admission is clearly against the logic and effect of the facts and circumstances and the error affects a party’s substantial … A document does not need to be open and available to the public in order to qualify for admission under the public records exception. Id. (citing 2 Kenneth S.

McGaha v. State

926 N.E.2d 1050 · Indiana Court of Appeals · Apr 30, 2010

Under such cireum-stances, the defendant had sufficiently connected the third party to the crime, and the excluded evidence could have established motive and opportunity. Id. In contrast, the appellant in Lashbrook v. … Howard testified, under a grant of use immunity, that he grew the marijuana in a closet and then fronted it to Stock, who was expected to produce prompt payment after the transaction with McGaha on December 16, 2008.

Steven A. Trusty v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 9, 2020

“An allegation that the trial court failed to identify or find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record.” … The court considered Trusty for an alternative placement, but Trusty did not qualify because he is not an Indiana resident.

Reg v. Lmg

571 N.E.2d 298 · Indiana Court of Appeals · May 14, 1991

The trial court awarded the wife 60% of the marital estate finding that the husband's homosexual relationships may have placed the wife at risk for developing Acquired Immune Deficiency Syndrome [AIDS]. … Clearly the facts before this Court make this an egregious case.

State ex rel. Indiana State Employees' Ass'n v. Boehning

182 Ind. App. 684 · Indiana Court of Appeals · Nov 5, 1979

To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Another section of the Bi-partisan Act, § 8-13-1.5-4, gives special protection to employees who are immune from political discharge: The duties and powers of the executive director acting for the Highway Commission as they

Natural Resources Commission of Department of Natural Resources v. Sullivan

428 N.E.2d 92 · Indiana Court of Appeals · Nov 30, 1981

In the instant case we believe Sullivan’s conduct clearly fell within the realm of proscribed activity. … Sullivan personally testified to knowingly violating established procedures for obtaining reimbursement for payments made to a merchant, Spanky’s Navy, an establishment which furnished nautical supplies to the Quartermaster

Ronald Abner, Jr. v. Aurora Abner (mem. dec.)

Indiana Court of Appeals · Mar 31, 2020

The trial court ordered Husband to make an equalization payment to Wife in the sum of $11,548.97 via a Qualified Domestic Relations Order. Husband now appeals. … A decision is clearly erroneous if it is clearly against the logic and effect of the facts and circumstances that were before the trial court. Id.