Case law

Wanda Roberts v. Anthony W. Henson

72 N.E.3d 1019 · Indiana Court of Appeals · Apr 18, 2017

There is the possibility that it could qualify as a “large shed for the housing of vehicles,” given that the plans indicate the garage area of the building was to take up approximately three-quarters of the … [19] Henson’s claim of ambiguity is based largely on several cases he cites from other jurisdictions, which he asserts establish that a residential covenant height restriction of “one-and-one-half stories

Dulin v. State

169 Ind. App. 211 · Indiana Court of Appeals · May 20, 1976

As a reading of the above eases indicates, the courts have seized upon language in Morrissey that clearly distinguishes formal criminal proceedings and probation revocation hearings. … This determination is not a finding of guilt— guilt has already been established.

Mark v. Moser

746 N.E.2d 410 · Indiana Court of Appeals · Apr 19, 2001

OPINION BAKER, Judge Today we are called upon to clearly define the standard of care one competitor owes another in a sporting event. … Our legislature also emphasized and endorsed the growing importance of sporting and recreational activities in Indiana, when it enacted a statute specifically immunizing landowners from lability if they have opened their

Seay v. State

673 N.E.2d 475 · Indiana Court of Appeals · Jan 15, 1997

The appellant bears the burden of establishing his grounds for relief by a preponderance of the evidence. Ind. Post-Conviction Rule 1, § 5; Weatherford v. State, 619 N.E.2d 915, 917 (Ind.1993). … To qualify as “fundamental,” the error must be so prejudicial to the rights of a defendant as to make a fair proceeding impossible. See Winegeart, 665 N.E.2d at 896 .

Hayes v. Chapman

894 N.E.2d 1047 · Indiana Court of Appeals · Oct 16, 2008

To determine that a finding or conclusion is clearly erroneous, our review of the evidence must leave us with the firm conviction that a mistake has been made. Id. … Finally, we note that even if Robert’s action qualified as an uncured or incurable deceptive act, Indiana Code section 24 — 5—0.5—5(b) explicitly states that “[a]ny action brought under this chapter may not be brought more

In re the City of Fort Wayne's Petition to Establish a Conservancy District

484 N.E.2d 584 · Indiana Court of Appeals · Oct 23, 1985

limits of Fort Wayne, Indiana each representing one (1) commissioner district and two (2) directors who are residents of the county with one residing in the land area comprising the Lower Maumee Basin and one at large having qualified … Applying the law of IC 18-3-8-80 to the unrefuted, prima facie facts found by the Commission, the trial court was clearly erroneous in establishing a conservancy district within the Ft. Wayne corporate limits.

Howell v. State

859 N.E.2d 677 · Indiana Court of Appeals · Dec 27, 2006

An abuse of discretion occurs if "the decision is clearly against the logic and effect of the facts and cireumstances." Pierce v. State, 705 N.E.2d 173, 175 (Ind.1998). … Although the trial court's use of Howell's prior convictions as an aggravating factor did not violate Blakely, Howell also argues that her criminal history did not qualify as a significant aggravator.

Indiana Law Enforcement Training Board v. Theodore D. Comer, Sr. (mem. dec.)

26 N.E.3d 57 · Indiana Court of Appeals · Jan 28, 2015

agency action that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … of Appeals of Indiana | Memorandum Decision 22A01-1407-MI-321 | January 28, 2015 Page 8 of 14  honorable discharge (which was false), are all factors that individually and jointly clearly

Doralee A. Burress v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 29, 2017

In the statement, the trial court recognizes that its conclusion is qualified by the conditional assumption that “the allegations . . . are true.” (App. 93). … Unlike older individuals who can walk and talk, but still qualify legally as dependents, B.W. was entirely physically dependent upon Burress to seek treatment for his injuries.

STATE EX REL. INDIANA STATE EMP. v. Boehning

396 N.E.2d 422 · 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

In the Matter of A.C. and P.C., Children in Need of Services, K.C. and R.C. (Parents) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jun 5, 2020

FILED this Memorandum Decision shall not be Jun 05 2020, 8:25 am regarded as precedent or cited before any court except for the purpose of establishing … That there is a lack of immunizations for [Child P.C.]. 8. Father has a sporadic work history. 9. Mother has a sporadic work history. 10.

Richard Dean Martin v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 17, 2015

Court of Appeals of Indiana | Memorandum Decision 10A01-1409-PC-419 | June 17, 2015 Page 6 of 15  recusal was not required, inasmuch as the relationship between the trial judge and S.G. did not qualify … 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

Morris v. State

936 N.E.2d 354 · Indiana Court of Appeals · Nov 12, 2010

And when faced with an ambiguous statute, other well-established rules of statutory construction are applicable. … As Morris notes, in 2001, "the legislature modified a number of other statutes that opened up community corrections eligibility to offenders that had not previously qualified." (Appellant's Br. at 7.)

Bunch v. Tiwari

711 N.E.2d 844 · Indiana Court of Appeals · Apr 27, 1999

Clearly, a personal interview to ascertain additional facts not readily apparent in the medical records, particularly in light of the factual dispute regarding informed consent, was the type of information Dr. … Thirdly, while Trial Rule 56(E) mandates that affidavits be made on personal knowledge, this does not mean that a physician who qualifies as an expert must obtain his knowledge based solely on first-hand experience.

Indiana State Prison & State Employees' Appeals Commission v. Van Ulzen

567 N.E.2d 1164 · Indiana Court of Appeals · Mar 12, 1991

The statutory/regulatory scheme governing State employment clearly does not use the terms "classification" and "position" interchangeably. … Van Ulzen argues that the trial court entered these findings in establishing that he was prejudiced by the Commission's erroneous application of law.

Beene v. REVIEW BD. OF IND. DEPT. OF EMP. & TRAINING SERV.

528 N.E.2d 842 · Indiana Court of Appeals · Sep 28, 1988

The program clearly delineated which absences would be exempt, counted, or unexcused and gave the employee three warnings before discharge would occur. … Thus, the Employer established a prima facie case of discharge for the violation of a reasonable and uniformly enforced rule, which was not sufficiently rebutted by Beene.

Barringer v. Guilford School Township

100 Ind. App. 445 · Indiana Court of Appeals · Mar 11, 1935

the demurrer to appellant’s amended complaint, which in substance is as follows: That the appellant is a duly licensed and practicing professional engineer and architect of the State of Indiana, and the appellee is a duly established … These cases are clearly not in point.

Tonya Herron v. State of Indiana

44 N.E.3d 833 · Indiana Court of Appeals · Oct 14, 2015

State, we rejected such a claim, stating that “[t]his alone does not make the affidavit insufficient to establish probable cause.” 762 N.E.2d 153, 160 (Ind. Ct. App. 2002). … Reading the affidavit in this case, a magistrate would clearly have a substantial basis to believe that Officer Carey meant to allege that Herron operated a vehicle while intoxicated, but would not

Antonio L. Chandler v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 27, 2015

We will find that a trial court has abused its discretion when its decision is “‘clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual … Prior to July 1, 2014, Chandler’s offense would have qualified as a Class D felony, which carried a maximum sentence of three (3) years. I.C. § 35-50-2-7.

In the Matter of the Termination of the Parent-Child Relationship of: A.J. and N.J. (Minor Children): L.H. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jun 6, 2018

All rights, powers, privileges, immunities, duties and obligations (including the right to consent to adoption) pertaining to such relationship(s) are permanently terminated … Moreover, DCS is not required to rule out all possibilities of change; rather, it need establish only that there is a reasonable probability the parent’s behavior will not change. Id.