Case law

Opinions from 1658 to today.

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  • Gina Albright v. Review Board of the Indiana Dept. of Workforce Development and the Starke County Sheriff's Dept.

    994 N.E.2d 745 · Indiana Court of Appeals · Sep 12, 2013

    When the employer alleges that the employee was discharged for just cause, the employer bears the burden of establishing a prima facie case of discharge for just cause. Alebro, LLC v. Review Bd. of Ind. … Albright knew about the rule, she knowingly violated the rule, and the rule clearly provides that discharge was a possible consequence of violation.

    Cited 6 timesPublished
  • Amer. Bridge Co. v. Rev. Bd., Emp. SEC. Div.

    121 Ind. App. 576 · Indiana Court of Appeals · Apr 16, 1951

    All of the foregoing cases are clearly distinguishable from the case at bar. … The unemployment compensation reserves established thereunder should be used for the payment of benefits to those who come within the objective of the Act.

    Cited 2 timesPublished
  • Garau Germano, P.C., and Faith Fenner v. Stephen W. Robertson

    Indiana Court of Appeals · Aug 19, 2019

    “‘The basis of jurisdiction under the Declaratory Judgment Act is a justiciable controversy or question, which is clearly defined and affects the legal right, the legal status, or the legal relationship … Not only has she not yet entered into a qualifying settlement agreement, even if she had, her ability to receive damages from the PCF is far from established.

    Cited 0 timesPublished
  • Scott A. Steffey v. State of Indiana (mem. dec.)

    Indiana Court of Appeals · Feb 13, 2020

    Decision shall not be FILED regarded as precedent or cited before any Feb 13 2020, 1:38 pm court except for the purpose of establishing … An abuse of discretion occurs “when admission is clearly against the logic and effect of the facts and circumstances.” Id.

    Cited 0 timesPublished
  • Lytle v. Ford Motor Co.

    814 N.E.2d 301 · Indiana Court of Appeals · Sep 7, 2004

    we first note the provisions of Indiana Evidence Rule 702; ' 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 … Such an abuse occurs when the trial court's decision is clearly against the logic and effect of the facts and cireumstances of the case, or if it misinterprets the law. Vernon v.

    Cited 22 timesPublished
  • Lee v. State

    419 N.E.2d 825 · Indiana Court of Appeals · Apr 29, 1981

    At best Lee has demonstrated a subjective expectation of not being discovered; clearly not an interest which the fourth amendment was designed to protect. See Rakas v. … The remainder of Rhum’s “testimony” came during a proceeding out of the jury’s presence where Rhum made it clear he would not respond to any questions, immunity grant and direct contempt citation notwithstanding.

    Cited 8 timesPublished
  • Jacobs v. Manhart

    770 N.E.2d 344 · Indiana Court of Appeals · Jun 5, 2002

    SBMF contends that it presented sufficient facts to establish a prima facie case that the malpractice statute of limitation barred the Manbarts' action, and that the Manbarts failed to carry their burden to establish an issue … Clark explained that as a cytotechnologist she could not make a positive diagnosis, but that she was qualified to rule out negatives on slides. Ms.

    Cited 13 timesPublished
  • Anthony J. Rhea v. Marjorie Rhea (mem.dec.)

    Indiana Court of Appeals · May 31, 2017

    Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing May 31 2017, … Even assuming Moores is qualified and competent to conduct a property-specific appraisal, he did not perform that function here.

    Cited 0 timesPublished
  • Jones v. City of Logansport

    436 N.E.2d 1138 · Indiana Court of Appeals · Jun 24, 1982

    The party seeking the summary judgment, therefore, has the burden to establish that there is no genuine issue as to any material fact. … This contract clearly abrogates the normal relationship between a prime contractor and a subcontractor.

    Cited 73 timesPublished
  • Ali B. McGraw v. State of Indiana (mem. dec.)

    Indiana Court of Appeals · Aug 29, 2017

    Ct. 2527, 2539-2540 (2009) (“Business and public records are generally admissible absent confrontation not because they qualify under an exception to the hearsay rules, but because—having been created … McGraw has not established that he was denied his right of confrontation by the admission into evidence of Dr.

    Cited 0 timesPublished
  • Z.G. v. Marion County Department of Child Services

    933 N.E.2d 494 · Indiana Court of Appeals · Aug 26, 2010

    Consequently, Ordower, Duran, and Martinez did not qualify as de facto custodians when DCS took custody of C.G. … Dalton testified that if she determines that she is not qualified to work with C.G. on sexual abuse issues, she will refer C.G. to another therapist.

    Cited 7 timesPublished
  • Tocarra L. Woodson v. State of Indiana (mem. dec.)

    Indiana Court of Appeals · Dec 20, 2017

    not be Dec 20 2017, 10:58 am regarded as precedent or cited before any CLERK court except for the purpose of establishing … Woodson does not hold a license to be a registered nurse and does not have a degree qualifying her to be a registered nurse.

    Cited 0 timesPublished
  • Davis v. Garrett

    887 N.E.2d 942 · Indiana Court of Appeals · Feb 15, 2008

    Therefore, we reject Garrett’s assertion that the statements in the police report qualified as present sense impressions. … Even though this witness may not have said that but we established that with Mr. Helms. There’s two stop signs at each one of these areas. The Court: Response. Mr.

    Cited 13 timesPublished
  • Fike Investments, LLC v. Gregory L. Wilson, Sr., Executive Director of the Indiana Civil Rights Commission

    Indiana Court of Appeals · Jan 23, 2025

    The Ultimate Authority affirmed the ALJ’s determination that the Fikes do not qualify for the exemption from application of the IFHA. … App. 2013) (applying plain language of I.C. § 23-18-3-3(a) to determine whether evidence established that employee of LLC requested firm’s services on his own behalf or if he requested firm’s services on behalf

    Cited 0 timesPublished
  • Wells Fargo Bank, N.A., Successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers

    974 N.E.2d 488 · Indiana Court of Appeals · Aug 27, 2012

    Summers was gone and Money Store did not qualify a 5 receiver or enter the property to secure its interests. … Findings will only be set aside if they are clearly erroneous.

    Cited 2 timesPublished
  • Rensing v. Indiana State University Board of Trustees

    437 N.E.2d 78 · Indiana Court of Appeals · Jun 16, 1982

    As noted above, the evidence in the cáse at bar clearly demonstrates that the benefits received by Rensing were conditioned upon his athletic ability and team participation. … This award may be renewed each year for a total of four years as long as you are academically qualified and abide by acceptable conduct standards.

    Cited 3 timesPublished
  • Hawkins v. State

    884 N.E.2d 939 · Indiana Court of Appeals · Apr 29, 2008

    Such an abuse occurs when the “decision is clearly against the logic and effect of the facts and circumstances.” Id. … The trial court, within its discretion, determines whether a witness is qualified to give an opinion. Kent v. State, 675 N.E.2d 332, 338 (Ind.1996).

    Cited 21 timesPublished
  • Krull v. Pierce

    117 Ind. App. 638 · Indiana Court of Appeals · Mar 6, 1947

    Before discussing this question it is well to have the provisions of the assignment agreement clearly in mind as it is the charter of the appellant’s rights. … If this be true we must assume that such facts were found against the appellant who had the burden of establishing them. Fletcher, etc., Trust Co. v. American State Bank, supra; Peele v.

    Cited 4 timesPublished
  • Owens v. State

    911 N.E.2d 18 · Indiana Court of Appeals · Jul 7, 2009

    The evidence favoring the conviction, including the testimony of the C.I., clearly establishes that Owens gave the C.I. cocaine in exchange for twenty dollars. … This evidence established that Owens delivered cocaine to the C.L, and Detective Duckworth's testimony established that the delivery took place within 1,000 feet of a youth program center.

    Cited 2 timesPublished
  • A.W. v. State of Indiana (mem. dec.)

    Indiana Court of Appeals · Feb 28, 2020

    “A decision is an abuse of discretion if it is clearly against the logic and effect of the facts and circumstances before the court. Id. at 169. … whether or not for profit; (C) making the record was a regular practice of that activity; (D) all these conditions are shown by the testimony of the custodian or another qualified

    Cited 0 timesPublished

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