Case law

Jeremy J. Haug v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 18, 2019

[24] The first issue is whether the trial court’s decision to allow Haug to represent himself was clearly erroneous. … The trial court’s determination of competence to act pro se is reviewed under the clearly erroneous standard. Id.

In the Termination of the Parent-Child Relationship of: C.W. (Child), and, Cl.W. (Father) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Aug 11, 2016

Analysis [9] The Fourteenth Amendment to the United States Constitution protects the traditional right of parents to establish a home and raise their children. Bester v. … “Reviewing whether the evidence ‘clearly and convincingly’ supports the findings, or the findings ‘clearly and convincingly’ support the judgment, is not a license to reweigh the

Monroe County Board of Zoning Appeals v. Bedford Recycling, Inc.

Indiana Court of Appeals · Aug 14, 2024

But it says public or private establishments contracted to remove solid waste from residential or commercial uses and transport such wastes. … This definition is clearly directed at typical garbage and recycling haulers.

Weaver v. State

627 N.E.2d 1311 · Indiana Court of Appeals · Jan 18, 1994

The defendant has the burden of establishing a factual predicate for the defense of voluntary intoxication. … Thus, the State had the burden of establishing beyond a reasonable doubt that the defendant was not so intoxicated as to negate his ability to form the required intent. Powers v.

Oxendine v. Public Service Co. of Ind., Inc.

423 N.E.2d 612 · Indiana Court of Appeals · Aug 26, 1980

City of Fort Wayne et al. (1954), 233 Ind. 226 , at page 231, 118 *616 N.E.2d 484, this court reaffirmed the general rule which has long been established and consistently followed in Indiana, quoting from Bragg v. … They assert that PSPs observation and analysis of the alternative routes were inadequate, and its selection of the old I&M route was therefore clearly erroneous.

J.S. v. W.K.

62 N.E.3d 1 · Indiana Court of Appeals · Jun 23, 2016

Courts of appeal ‘shall not set aside the findings or judgment unless clearly erroneous.’ ” Id. (quoting Ind. Trial Rule 52(A)). … Father has not demonstrated that the trial court’s order is clearly erroneous.

Hoosier Mountain Bike Association, Inc., City of Indianapolis, and Indy Parks and Recreation v. Richard Kaler

73 N.E.3d 712 · Indiana Court of Appeals · Mar 23, 2017

Addressing Burrell’s first element—unreasonable risk of harm—the Pfenning court reasoned that “the risk of a person on a golf course being struck by a golf ball does not qualify as the Court of … It was clearly visible that there was no back railing for spectators Court of Appeals of Indiana | Opinion 49A04-1604-CT-865 | March 23, 2017 Page 12 of 14  sitting on the top row, but Funston leaned back

Thompson v. Thompson

811 N.E.2d 888 · Indiana Court of Appeals · Jul 15, 2004

Whether the trial court's division of the Thompson marital estate was clearly erroneous; VII. … The trial court also required M.T. and J.T. to apply for "any and all scholarships or grants" for which they may qualify. Id.

Henry v. Moberly

23 Ind. App. 305 · Indiana Court of Appeals · Nov 1, 1898

To better understand the merits of the controversy here presented, we deem it necessary to state some facts disclosed by the evidence which do not clearly appear from the special verdict. … required to do so, but may introduce affirmative evidence of such falsity in cases where malice must be expressly shown, as a step in the proof of malice; ■ but that the falsity .of the charge is not in itself sufficient to establish

American National Bank & Trust Co. v. St. Joseph Valley Bank

180 Ind. App. 546 · Indiana Court of Appeals · May 22, 1979

The rights and liabilities of parties with respect to commercial paper are established in articles three and four of the Uniform Commercial Code, IC 1971, 26-1-3-101 et seq. and 26-1 — 4-101 et seq. … Joseph’s claim against John on the basis of his indorser’s contract and transfer warranty is clearly without merit.

In the Matter of J.C., Minor Child, A Child in Need of Services, B.T. v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)

Indiana Court of Appeals · Aug 16, 2016

Sufficiency of the Evidence [38] Mother contends that the juvenile court’s adjudication of Child as CHINS is clearly erroneous. … Mother has failed to meet her burden to show that the CHINS adjudication was clearly erroneous.4 [48] Affirmed.

Robert L. McCoy v. State of Indiana

Indiana Court of Appeals · Sep 10, 2020

The statute enumerates several offenses that qualify as a serious violent felony, including robbery, in I.C. §§ 35-47-4-5(b)(13); 35-42-5-1. … Two other officers testified that the video clearly depicted McCoy removing the firearm from his waistband and placing it in the basket.

Fancil v. State

966 N.E.2d 700 · Indiana Court of Appeals · Apr 5, 2012

An abuse of discretion occurs if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted the law. Id. … Indiana Evidence Rule 702 provides: (a) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by

City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corporation

Indiana Court of Appeals · Jan 30, 2020

zoning decision 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 … Rather, it “is a commonplace and precise way of describing which organizations qualify as fraternities or sororities.” (BZA’s Br. 17).

Nolan Holloway v. Grant County Area Plan Commission (mem. dec.)

Indiana Court of Appeals · Aug 31, 2020

The Grant County Zoning Ordinance (“GCZO”) establishes zoning regulations for [CFOs]. … 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

Daffron v. Snyder

854 N.E.2d 52 · Indiana Court of Appeals · Sep 19, 2006

Philadelphia Gas Works, 54 BR. 928, 938 (E.D.Pa.1985) ("Because the stipulation of settlement does not clearly and unambiguously refer to a waiver of a right to attorney's fees, the plaintiffs did not waive their right to … Tioga Pines Living Ctr., Inc., 622 N.E.2d 935, 946 (Ind.19983) ("[Tlo qualify as a prevailing party, ...

Angela Crim n/k/a Angela Domagalski v. Elias Crim (mem. dec.)

Indiana Court of Appeals · Nov 15, 2016

the requirement of making the child responsible for contributing to the cost of education, where the order required the child to apply for any and all scholarships or grants for which the child may qualify … Mother has failed to establish a prima facie Court of Appeals of Indiana | Memorandum Decision 64A05-1603-DR-527| November 15, 2016 Page 12 of 17  case that the trial court clearly erred in its apportionment

Grant v. State

585 N.E.2d 284 · Indiana Court of Appeals · Jan 27, 1992

After establishing a factual basis, the trial court accepted the plea agreement. Sentencing was delayed pursuant to the plea agreement. … Clearly the trial judge misstated the habitual offender statute’s applicability to Grant. Grant does not claim that, if he had known the correct possible penalty, he would have changed his decision.

Morphew v. Morphew

419 N.E.2d 770 · Indiana Court of Appeals · Apr 23, 1981

establish that he provided more for the support of such child during the calendar year than the parent not having custody. … Clearly, the diagnosis of a muscle disease is outside the skill and knowledge of a lay witness. As Judge Thompson stated in Hurst v.

Thomas Mack v. State of Indiana

23 N.E.3d 742 · Indiana Court of Appeals · Dec 18, 2014

other things, we hold that, in light of the facts and circumstances of this case, a lapse of at least “a few minutes” between a declarant’s perception of an event and his statement describing that event was too long to qualify … Likewise, Stewart’s statements regarding the light bulb are cumulative to, and insignificant in light of, Mack’s own clearly made statements on the audio recording.