Case law

Pruitt v. State

166 Ind. App. 67 · Indiana Court of Appeals · Sep 23, 1975

This evidence is clearly sufficient to uphold a conviction for theft. … On the other hand, mere presence at the scene of the crime does not establish “aiding.” Guetling v. State (1926), 198 Ind. 718 , 153 N.E. 765 .

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

Gamas-Castellanos v. Gamas

794 N.E.2d 1152 · Indiana Court of Appeals · Sep 9, 2003

See id. at 907 (significant connection test inapplicable if another state qualifies as a "home state"). Without jurisdiction, Mexico had no authority to modify the Texas divorce decree. … Such a "temporary absence" may not count toward the six-month period to establish Louisiana as the "home state." See Ortman v. Ortman, 670 N.E.2d 1317, 1321 (Ind.Ct.App.1996).

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.

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.

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.

Jonathan L. Hummel v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 30, 2020

The trial court noted that Hummel had indicated that he had completed educational and rehabilitative programs that qualified for purposeful incarceration. … Thus, pro se litigants are bound to follow the established rules of procedure and must be prepared to accept the consequences of their failure to do so. Id.

Debra L. Myer v. Michael A. Myer (mem. dec.)

Indiana Court of Appeals · Apr 19, 2017

The court entered a judgment of $25,480 in favor of Debra and against Michael to effectuate its division of the marital property and ordered the parties’ attorneys to prepare a qualified domestic relations … Findings will be set aside if they are clearly erroneous. Id. Findings are clearly erroneous only when the record contains no facts to support them either directly or by inference. Id.

MDM INVESTMENTS v. City of Carmel

740 N.E.2d 929 · Indiana Court of Appeals · Dec 21, 2000

We will reverse only if the decision is clearly against the logic and effect of the facts and cireumstances before the court. Id. I. … The legislature could have qualified this statement by requiring that the complaint serve as notice for only the appropriation proceedings and not the valuation proceedings; the legislature did not.

Holloway v. Thompson

112 Ind. App. 229 · Indiana Court of Appeals · Jun 16, 1942

Clark to sell the cemetery lots, prepared literature for their use and established an office for them to use under the name of Sutherland Park Sales Company. … Because the circumstances clearly disclosed that the sales were for investment and promotion that court held that securities were being issued under a New York statute giving the Attorney General the right?

Stephen W. Peele v. State of Indiana

Indiana Court of Appeals · Jan 24, 2020

order the department to remove all information regarding the person from the public portal of the sex and violent offender registry Internet web site established … [10] The plain language of Indiana Code Section 11-8-8-22(d) clearly confers subject matter jurisdiction upon the circuit or superior court in the county in which the Court of Appeals of Indiana | Opinion

Empire Fire and Marine Insurance Company v. Charlene Frierson and Roderick Frierson

49 N.E.3d 1075 · Indiana Court of Appeals · Jan 21, 2016

[13] Empire argues that its policy clearly and unambiguously excluded UM and UIM coverage except in five states, none of which are Indiana, and that Enterprise accordingly paid no premium for UIM coverage … DePrizio, 705 N.E.2d 455 (Ind. 1999), “that a commercial umbrella policy providing excess automobile liability coverage qualified as ‘an automobile liability policy or motor vehicle liability policy’ and insurers

Wainwright Trust Co. v. Kinder

69 Ind. App. 88 · Indiana Court of Appeals · Oct 18, 1918

changing his will and naming another executor, so that he would be sure Martha was taken care of; that he thereafter made such change, and named him as such executor, but he moved away before the decedent died and did not qualify … Such cases emphasize the idea that there can be no implied contract unless the evidence clearly shows an intention on the part of the one for whom the services were rendered to pay for the same, and. the claimant rendered

Rimert v. Mortell

680 N.E.2d 867 · Indiana Court of Appeals · Jun 5, 1997

it is insured by a policy of malpractice liability insurance in the amount of at least $100,000 per occurrence and $300,000 in the aggregate, I.C. 27-12-4-1, and pays an annual surcharge, I.C. 27-12-5-1, the provider is “qualified … Desai’s liability as established.

Crowley v. Crowley

708 N.E.2d 42 · Indiana Court of Appeals · Mar 30, 1999

The citation for contempt filed by Laura on March 10, 1997, clearly established the bases for her request— Mark’s failure to pay child support and mortgage payments on the marital residence. … Payments of credit card debts qualify as such an in-kind payment.

DeWhitt v. State

829 N.E.2d 1055 · Indiana Court of Appeals · Jun 29, 2005

Here, although DeWhitt moved to dismiss the information, he was clearly beyond the time limit in which to do so. … DeWhitt has not established that his trial counsel's performance was defi-clent.

In RE EST. OF SCHICK v. Schick

149 Ind. App. 549 · Indiana Court of Appeals · Oct 20, 1971

His widow, Martha Schick, petitioned to open an estate, which was done, and the appellant bank was appointed and qualified as Administrator. … Quite clearly, says appellant, this is not true, since in 1954 we did, in fact, change and alter many rights of persons with reference to inheritance, including the rights of illegitimate children.

Monroe Guaranty Insurance Co. v. Langreck

816 N.E.2d 485 · Indiana Court of Appeals · Oct 25, 2004

Langreck, as a student member of IURC, qualified as a named insured under the policy. … Established precedent and scholarly commentary provides that in coverage priority disputes between a primary insurer that purports to be excess in limited circumstances and an insurer who issues a true exeess or umbrella

Town of Clear Lake v. Hoagland Family Ltd. Partnership

75 N.E.3d 1081 · Indiana Court of Appeals · Apr 6, 2017

establish “reasonable penalties for failure to make a connection . . . .” … Because the issue is not before us, we cannot rule on what penalty would qualify as “reasonable,” but we have little difficulty saying that a penalty of $2.9 million is nowhere near it.

Jones v. State

800 N.E.2d 624 · Indiana Court of Appeals · Dec 19, 2003

An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and circumstances before the court. Id. (citing Huffines v. … The statements to the mother did not qualify as present sense impressions. See Jones, 780 N.E.2d at 373.