Case law

Freida A Starks v. State of Indiana

Indiana Court of Appeals · May 11, 2023

An offense is included when it (1) is established by proof of the same material elements or less than all the material elements required to establish the commission of the offense … Concluding that offenses qualify as included offenses, we now proceed to the final step of the Wadle analysis. B.

Jane Doe v. Kristan P. Reibel

Indiana Court of Appeals · Jan 16, 2026

Whether the trial court clearly erred by denying the Does’ motions to proceed pseudonymously; and 2. Whether the trial court clearly erred by granting Reibel’s motions to strike. … A person’s name clearly falls within the plain meaning of “information.”

American States Insurance Co. v. Braden

625 N.E.2d 1252 · Indiana Court of Appeals · Apr 14, 1994

Therefore, this Court must determine whether Braden is qualified for benefits under the liability section of the insurance policy. … At the time of Braden's injury in 1990, American States was required to provide him with underinsured motorist's coverage since he was *1259 clearly an insured for purposes of delivering the van.

Stytle v. Angola Die Casting Co.

806 N.E.2d 339 · Indiana Court of Appeals · Apr 20, 2004

"Every statute stands clothed with the presumption of constitutionality until clearly overcome by a contrary showing. … We are obliged to follow precedents established by our supreme court, which are binding until changed either by a subsequent supreme court decision or by legislative enactment. Computer Co., Inc. v.

Ankeny v. Governor of State of Indiana

916 N.E.2d 678 · Indiana Court of Appeals · Nov 12, 2009

It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the … same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the constitution as originally established

Dennis Challoner v. Wendy Challoner (mem. dec.)

Indiana Court of Appeals · Sep 12, 2019

[21] Moreover, the trial court heard evidence indicating that Father was qualified to repair, modify, and install HVAC systems. … Father has not established that the trial court abused its discretion in finding him to be voluntarily underemployed.

In Re Weill's Will

113 Ind. App. 99 · Indiana Court of Appeals · Dec 22, 1942

The petition alleges that the said Max Weill died on the 21st day of February, 1929, and the trustee herein named, to wit: Harry'Weill, qualified as trustee, and subsequently died on the 26th day of August, 1933, and the … This, amount he seeks to set up as a claim against her estate, or to establish title to himself in such an amount out of the funds on hands in the clerk’s office.

County Seat Bakery, LLC v. Sakura KJ Japanese Restaurant, LLC (mem. dec.)

Indiana Court of Appeals · May 27, 2020

65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any May 27 2020, 9:37 am court except for the purpose of establishing … Findings are clearly erroneous if “the record contains no facts supporting them either directly or inferentially.” Town of Brownsburg v.

Slusher v. State

437 N.E.2d 97 · Indiana Court of Appeals · Jun 30, 1982

The evidence clearly reveals that Novick’s presence on the Slushers’ property on May 7, 1979, was a consensual presence for which the Slushers later sought remuneration by court order. … Cases from other jurisdictions clearly support the proposition that an omission to perform an act required by a legal duty may constitute wilful and wanton misconduct. Washington v.

KAMPO TRANSIT, INC. v. Powers

138 Ind. App. 141 · Indiana Court of Appeals · Nov 24, 1965

After each assignment of error relief upon . . . there shall be concisely stated the basis of the objection to the ruling complained of, exhibiting clearly the points of fact and of law being presented, and how they are applicable … The rule is well established in Indiana that a mathematical calculation on a blackboard is entirely proper.

United Methodist Church v. St. Louis Crossing Independent Methodist Church

150 Ind. App. 574 · Indiana Court of Appeals · Dec 30, 1971

in favor of the appellants was intended by the local church and that it was in fact established. … An alternate form was used in the years 1963 through 1968: “I, -, the qualified and acting - of - do hereby CERTIFY that at the- Conference of said organization held in accordance with law and the canons of The Methodist

Murphy v. Curtis

930 N.E.2d 1228 · Indiana Court of Appeals · Jul 21, 2010

To invoke this doctrine, the matters decided in the earlier appeal must clearly appear to be the only possible construction of an opinion. Id. at 1082-83. … This is not the same as saying that, once the facts alleged were established, the Class was entitled to judgment as a matter of law.

Gregory & Appel Insurance Agency v. Philadelphia Indemnity Insurance Co.

835 N.E.2d 1053 · Indiana Court of Appeals · Oct 20, 2005

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. … might have been put; as well as any other fact reasonably tending to establish the actual cash value of the building.

Linda Huffman, Individually and as Personal Rep. of the Estate of Jerry Huffman v. Dexter Axle Company & Evans Equipment Co.

990 N.E.2d 947 · Indiana Court of Appeals · May 31, 2013

As an Evans employee tasked to haul Dexter axles, the law clearly places Huffman in the category of a business visitor. … Buirell also held that social guests qualify as invitees. Here, there is no dispute; Huffman was not a social guest of Dexter. .

Ewell v. King

133 Ind. App. 172 · Indiana Court of Appeals · Mar 13, 1962

Application for change of judge was granted and a special judge qualified to hear the case. The court made certain finding of facts and conclusions of law and entered its judgment for appellee King. … All required elements are clearly present to establish that appellee King was not competent to testify as to the matters in controversy.

Norlund v. Faust

675 N.E.2d 1142 · Indiana Court of Appeals · Feb 4, 1997

Norlund is a qualified optometrist in her own right, R. Norlund’s skills are superior to those of his wife — a fact well-known to the northeastern Indiana optometric community. … Norlund in order to establish Indiana Cataract and Laser, P.C. (ICL). ICL was established as a business to provide secondary eye care based upon opto-metric referrals.

Colman v. Heidenreich

366 N.E.2d 686 · Indiana Court of Appeals · Aug 30, 1977

The prosecutor also *688 informed Colman that immunity from criminal prosecution would be given to his female client, if she would come forward and identify herself. … it is obvious that the privilege was not waived by Colman's limited revealment of part of the conversation, since the male client is the only one who could waive the privilege. [1] Tabereaux contends that Colman has not clearly

Robinson v. Indiana University

638 N.E.2d 435 · Indiana Court of Appeals · Jul 21, 1994

In Riggin, Ball State's board of trustees had established a university senate to advise the Board with respect to faculty employment issues. … The legislature has clearly narrowed the seope of the Open Door Law's effect as it applies to various committees.

Silvers v. Brodeur

682 N.E.2d 811 · Indiana Court of Appeals · Jul 11, 1997

Assume finally that it developed subsequently that the attorney had not investigated the facts or the law and was clearly wrong in his advice. … prevailing in case and existence of legal malpractice claim); Peeler, 909 S.W.2d at 501-502 (Phillips, C.J., dissenting) (actual innocence of convicted defendant to whom attorney failed to convey offer of transactional immunity

Robert D. Rivard v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 20, 2019

Searches of probationers and community corrections participants who have either consented or been clearly informed that the conditions of the probation or community corrections program unambiguously authorized … The plea agreement contains no qualifying language regarding the level of suspicion required, if any, that must be satisfied before a search could be conducted.