Case law

Elijah Roberson v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 20, 2016

“An abuse of discretion has occurred when the court’s decision was clearly against the logic and effect of the facts and circumstances before the court.” Id. at 359 (internal quotation omitted). … [6] Roberson qualifies as a violent criminal. See Ind. Code § 35-38-1-17(d)(10).

Jill Finfrock a/k/a Jill Bastone v. Mark Finfrock

989 N.E.2d 805 · Indiana Court of Appeals · May 29, 2013

Father immediately retained counsel, and on July 15, 2011, filed a motion to set the amount of his child support arrearage and to establish a payment plan. … Mother claims that this finding is clearly erroneous. However, Mother has not provided us with a transcript of the June 20, 2012 hearing.

Thomas Moriarty, as Personal Representative of the Estate of Donna Davis v. West Morgan, LLC (mem. dec.)

Indiana Court of Appeals · Jun 8, 2016

[35] Turning to Exhibit I, Moriarty argues the receipts are inadmissible because they do not qualify as business records as defined by Indiana Evidence Rule 803(6). … The Court concluded the vendees’ defeasible title was insufficient to establish color of title.

Ty Evans v. State of Indiana

Indiana Court of Appeals · May 1, 2023

Court of Appeals of Indiana | Opinion 22A-PC-220| May 1, 2023 Page 7 of 20 pled guilty to the habitual offender allegation, he did not qualify for the habitual offender enhancement under … “We review the post-conviction court’s factual findings under a ‘clearly erroneous’ standard but do not defer to the post-conviction court’s legal conclusions.” Stephenson v.

In Re Adoption of JDC

751 N.E.2d 747 · Indiana Court of Appeals · Jun 22, 2001

Thus, we review such a decision for an abuse of discretion, which only occurs where the trial court's judgment is clearly against the *749 logic and effect of the facts and inferences supporting the judgment for relief. … In Robert O., the New York Court of Appeals concluded that the putative father's notice or consent was not needed for the adoption where he failed to avail himself of the methods to qualify for notice until some ten months

In Re the Mental Commitment of M.P.

500 N.E.2d 216 · Indiana Court of Appeals · Nov 18, 1986

Initially, the party seeking the treatment order must establish the patient's incompetency. … As already noted, the fact that the patient has been involuntarily certified for mental health treatment does not by itself establish the patient's incompetency to make treatment decisions.

Timothy W.C. Thompson v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 23, 2020

shall not be Jun 23 2020, 10:55 am regarded as precedent or cited before any CLERK court except for the purpose of establishing … Thompson argues that the two packages of adulterated methamphetamine do not qualify as pure methamphetamine because of the presence of the other substance.

Haskett v. Haskett

164 Ind. App. 105 · Indiana Court of Appeals · May 5, 1975

(Emphasis supplied) Clearly, legatees at trial voiced no objection to the use of the affidavits in determining the issues. … The marriage certificate establishes the marriage of Clyde and Effie Haskett. The affidavit of Earl Hoover, supra, establishes acknowledgment. As was stated in Horner v. Boomershine (1938), 88 Ind.

IN RE THE ADOPTION OF A.G. & Ju.G. A.R. v. M.G. & Je.G. (mem. dec.)

Indiana Court of Appeals · Mar 7, 2019

Court of Appeals of Indiana | Memorandum Decision 18A-AD-267 | March 7, 2019 Page 8 of 10 [17] The record clearly and convincingly establishes that Mother is unfit to parent the Children. … The evidence clearly and convincingly establishes that dispensing with Mother’s consent to the adoption was in the best interests of the Children.

Blackwell v. Review Board of the Indiana Department of Employment & Training Services

560 N.E.2d 674 · Indiana Court of Appeals · Oct 10, 1990

Also, he qualified the rule by saying it is a dismissal, unless the employee is clocking out to go home at the end of the shift, or going out to eat lunch or "something like that". … McGlothlin's testimony also clearly shows that he understood that Blackwell "had to leave" and "could not possibly stay".

Palm v. Morlan

147 Ind. App. 168 · Indiana Court of Appeals · Jun 11, 1970

third and fourth classes, and to appoint, in cities of the fifth class, a city marshal, chief of the fire force and street commissioner, all of which appointees shall hold office until their successors are appointed and qualified … However, we find no statutory provision which specifically establishes an age and residence requirement for the chief of police of fifth class cities.

Lydia Lanni v. National Collegiate Athletic Association

989 N.E.2d 791 · Indiana Court of Appeals · May 22, 2013

On February 8, 2012, Lanni filed her Complaint, alleging that the NCAA was negligent by (1) failing to undertake a hazard and risk analysis prior to commencing the fencing match, (2) failing to select and/or supervise qualified … While the affidavit might contain some generalized statements, these statements are nevertheless credible and clearly based on her personal knowledge due to the position she holds and as such, are admissible evidence.

Meier v. Continental National Bank

83 Ind. App. 109 · Indiana Court of Appeals · Apr 10, 1924

exercised, are not expressed on the face of the instrument, but remain in confidence between the owner and the depositary, the case cannot be distinguished in principle, from that of an agent who receives secret instructions qualifying … The remaining facts, appearing in the first and second statements above, are not of such a character as to have placed on appellee a duty to inquire as to Boland’s title to the stock in question, as is clearly shown by what

Clancy v. State

829 N.E.2d 203 · Indiana Court of Appeals · Jun 15, 2005

Even viewing all of the evidence in a light most favorable to the State, the most it establishes is that Clancy fell asleep while driving. … In sum, Clancy has failed to establish that trial counsel's decision not to call Joshua as a witness was an egregious error that fell below an objective standard of reasonableness.

Delta Airlines v. Cook

816 N.E.2d 448 · Indiana Court of Appeals · Oct 19, 2004

The importance of § 18371(q) cannot be understated, for it can only be understood to qualify the scope of "services" removed from state regulation by § 18305(a)(1). … It did not intend to immunize the airlines from liability for personal injuries caused by their tortious conduct.

J R v. Indiana Department of Child Services

Indiana Court of Appeals · Apr 29, 2024

[17] Following the issuance of the Final Agency Action, a qualifying party may then file a petition for judicial review with the appropriate trial court pursuant to the Administrative Orders and Procedures … Code § 31-33-8-7 . . . to determine whether a report is substantiated is clearly distinct from the coercive intervention of DCS on behalf of the state under . . . CHINS proceedings”).

Chambers v. State

551 N.E.2d 1154 · Indiana Court of Appeals · Mar 27, 1990

At trial, officer Terry Ward, an Anderson Police Department lab technician and a qualified expert in fingerprint identification, testified one of the prints from the outside of the sliding door was from Chambers' right palm … The court reasoned: The facts clearly show that between the hour of 10:00 a.m., and 11:00 a.m., on the date in question, the victim's residence was entered through the basement window and property being removed therefrom.

Aberdeen Apartments v. Cary Campbell Realty Alliance, Inc.

820 N.E.2d 158 · Indiana Court of Appeals · Jan 11, 2005

Campbell, 792 N.E.2d 620, 626 (Ind.Ct.App.2003), we held that the Renter's Gazette qualified as a newspaper under a City of Indianapolis and Marion County ordinance. … We will reverse the trial court's judgment only when it is clearly erroneous. Id. Findings of fact are clearly erroneous when the record lacks evidence or reasonable inferences from the evidence to support them. Id.

Devonte Owens v. State of Indiana

69 N.E.3d 531 · Indiana Court of Appeals · Jan 31, 2017

A defendant who claims that he was denied his right to allocution bears a strong burden in establishing his claim. Id. … We do not find that the brief, pre-sentencing statement made by Owens’s attorney qualifies as a meaningful sentencing argument made on behalf of Owens.

Thayer v. Vaughan

798 N.E.2d 249 · Indiana Court of Appeals · Nov 6, 2003

"An abuse of discretion occurs only when the trial court's action is clearly erroneous and against the logic and effect of the facts and cireumstances before the court." Id. … In order to establish a prima facie case of sex discrimination under Title VII, the Thayers had to show that (1) Cathy was a member of a protected class (ie., female); (2) she was qualified for the job in question or was