Case law

Kroger Co. Sav-On Store v. Presnell

515 N.E.2d 538 · Indiana Court of Appeals · Nov 17, 1987

A witness should not be permitted to give an opinion where the jurors are as well qualified to form an opinion upon the facts as the witness. Green v. State (1981) 422 N.E.2d 1190 ." … However, the evidence in this case clearly supports a verdict of $485,000.00. The only evidence submitted on the question of damages was submitted by Presnell.

Datzek v. State

838 N.E.2d 1149 · Indiana Court of Appeals · Dec 14, 2005

The State did not present any evidence establishing the technologist's training and credentials or establishing that she was an expert qualified to render an opinion on a conversion. Id. … We held that the evidence was insufficient to support the defendant's conviction because the State failed to present testimony establishing the technical coordinator as an expert qualified to testify regarding the defendant's

Troue v. Marker

145 Ind. App. 111 · Indiana Court of Appeals · Dec 9, 1969

The reference to Holmes, The Common Law, (1881), at page 5 is revealing, the full quote states: “The customs, beliefs, or needs of a primitive time establish a rule or a formula. … The opinion also points out that since 1950 at least 15 states have considered and clearly rejected prior precedents based on the old common law prohibition and that 13 states have refused to do so.

Conrad v. Atkins

868 N.E.2d 878 · Indiana Court of Appeals · Jun 27, 2007

With respect to persons having equal priority, however, “the court shall select the person it considers best qualified to serve as guardian.” Id. at § -5(b). … The evidence presented established that the Atkinses’ home was appropriate for Patrick’s care.

State Ex Rel. Gilkison v. Clifford

120 Ind. App. 84 · Indiana Court of Appeals · Jan 20, 1950

“Thereafter in the latter part of October, 1949, the Governor of Indiana appointed the respondent as Judge of the Porter Circuit Court, Porter County, Indiana, and shortly thereafter respondent qualified and took office as … E. 2d 651 , established as the law of the case that the original exhibits could not be made a part of the bill of exceptions.

Larell P. Isom v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 16, 2017

To qualify as a fundamental error, “an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible” and must “constitute a blatant violation of basic principles, … At Court of Appeals of Indiana | Memorandum Decision 18A02-1611-CR-2642 | May 16, 2017 Page 7 of 8  the time the statement was made, Heather’s demeanor and appearance clearly indicated she was “seeking

D. R. S. v. R. S. H.

412 N.E.2d 1257 · Indiana Court of Appeals · Dec 2, 1980

West Virginia Supreme Court listed various practical considerations in support of the custom: For example, a surname common to both parent and child makes it easier to demonstrate a legal relationship for the purpose of qualifying … The trial court’s judgment is not reversed unless it is “clearly against the logic and effect of the facts and circumstances before the court or the reasonable, probable and actual deductions to be drawn therefrom.”

Knob Hill Development LLC ASB LLC RPO Construction, Inc. Written Builders LLC v. Town of Georgetown, Indiana

Indiana Court of Appeals · Sep 11, 2019

G-18-03 and G-18-04, which established monthly sewer user fees and new SDCs, respectively. Ordinance No. … “The trial court’s findings and conclusions will be set aside only if they are clearly erroneous.” Id.

BOARD OF COM'RS OF COUNTY OF ALLEN v. Jones

457 N.E.2d 580 · Indiana Court of Appeals · Dec 15, 1983

The Board then proceeded to establish its own wage determinations for the demolition projects. … Statutes are presumed to be constitutional and grounded in rationality, and one opposing this presumption must affirmatively demonstrate that constitutional defects are "clearly apparent."

Maxon Corp. v. Tyler Pipe Industries, Inc.

497 N.E.2d 570 · Indiana Court of Appeals · Sep 15, 1986

(S.D.Ind.1983) 568 F.Supp. 651, 655 , the court stated: "A prior course of dealing may be used to 'give particular meaning to and supplement or qualify terms of an agreement.' § 1-205(8). … An exchange of identical forms on prior occasions does not, of itself, establish a common basis of understanding. In Lockheed Electronics Co., Inc. v.

Ogden v. Robertson

962 N.E.2d 134 · Indiana Court of Appeals · Feb 21, 2012

Nor do we find merit in Ogden’s argument that his claim qualifies as an exception to the exhaustion requirement due to its complex nature. … First, if an employee establishes that “adequate independent consideration” supports the employment contract, the court will generally conclude that the parties intended to establish a relationship in which the employer may

In the Matter of the Termination of the Parent-Child Relationship of B.J. R., Mother, J.F., Father and M.R., Minor Child, B.J.R. v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · May 30, 2017

Mother, however, qualified her own answer. … It was not clearly erroneous for the juvenile court to find that the only certain date, was the earliest release date.

Hill v. Rhinehart

45 N.E.3d 427 · Indiana Court of Appeals · Oct 15, 2015

Ryan suspected Hill to' be suffering from Heparin-Induced Thrombocytopenia (HIT), which is a rare “immune mediated response to the presence of the Heparin antigen in. the body.” (Tr. p. 639). … Therefore, to receive a multi-cap recovery under the Medical Malpractice Act, Hill was required to establish that Drs.

In re the Paternity of Makayla Lauren Pickett, Gregg Roberts v. Shonda Pickett

44 N.E.3d 756 · Indiana Court of Appeals · Sep 23, 2015

Mother filed a petition to establish Father’s paternity and for child support. … As for any findings that have been made, they will be set aside only if they are clearly erroneous.

Heminger v. Police Com'n of City of Fort Wayne

161 Ind. App. 72 · Indiana Court of Appeals · Jul 29, 1974

Such classification applies to members of the police departments in cities qualifying under IC 1971, 19-1-20-1, supra, and, under the provisions of IC 1971, 19-1-20-4, supra, is a factor initially comprising 40% of the rating … The legislation there in issue provided for the establishment by referendum of a merit plan for police and fire departments in certain cities.

WM v. State

437 N.E.2d 1028 · Indiana Court of Appeals · Jul 27, 1982

In so holding, they qualified the result by adding: "... … The procedures established by Judge Vincent clearly are an inappropriate basis for a 602 petition.

In the Adoption of K.H., D.R. v. M.M. and C.M.

Indiana Court of Appeals · Jul 29, 2020

The trial court’s findings and judgment will be set aside only if they are clearly erroneous. E.B.F., 93 N.E.3d at 762. … Court of Appeals of Indiana | Opinion 20A-AD-337 | July 29, 2020 Page 14 of 18  “unfit” as “[u]nsuitable; not adapted or qualified for a particular use or service” or “[m]orally

Reginald Lee Robinson v. State of Indiana

53 N.E.3d 1236 · Indiana Court of Appeals · May 4, 2016

Little’s opinion does not qualify as credible and contends his convictions must be reversed. [14] The State maintains that the evidence was sufficient to support the jury’s decision and that Dr. … Id. [17] In addition, the Indiana Supreme Court has noted that Indiana precedent has clearly established that unanimous expert testimony alone is' not determinative where there is conflicting lay opinion testimony or demeanor

Cross v. Cross

891 N.E.2d 635 · Indiana Court of Appeals · Aug 7, 2008

An abuse of discretion occurs when the decision is clearly against the logic and effect of the facts and eir-cumstances before the court, including any reasonable inferences therefrom. Id. … Eligibility is based on need: SSI is paid to families of disabled children qualifying under the Act to ensure that the recipient’s needs are met at a subsistence level.

Manns v. Skolnik

666 N.E.2d 1236 · Indiana Court of Appeals · May 30, 1996

Manns argues that Easterday clearly knew of the risk and accepted it. … The statute is clearly limited to civil suits filed by private individuals.