Case law

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.”

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.

Vandenburgh v. Vandenburgh

916 N.E.2d 723 · Indiana Court of Appeals · Nov 16, 2009

We may reverse the trial court if the appellant is able to establish prima facie error, which is error at first sight, on first appearance, or on the face of it. Id. … Not all visits in which a child stays overnight may qualify for the parenting time credit. Id.

Michael Phelps v. State of Indiana

Indiana Court of Appeals · Jun 11, 2012

The minister agreed that Phelps did not qualify for his program. … Phelps did not establish a nexus between his mental health issues and the shooting of Jackson.

Samm v. Great Dane Trailers

715 N.E.2d 420 · Indiana Court of Appeals · Aug 26, 1999

The trial court reasoned, “[tjhese matters are clearly under the purview of I.C. 22-34-12.[l], which provides a remedy to said offenses, if proven. … However, we do not believe that such claim, as alleged by Samm, qualifies as an “independent tort” as that term is used in I.C. 22-3-4-12.1.

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.

Grayson v. State

593 N.E.2d 1200 · Indiana Court of Appeals · Jun 8, 1992

The record clearly indicates the trial court decided the issue before making the “unless you two gentlemen agree” remark. The trial court did not abuse its discretion. … that "the white, powdery, crystalline substance” in that case qualified as a prohibited controlled substance.

Rees v. City of Muncie

95 Ind. App. 480 · Indiana Court of Appeals · Feb 5, 1932

On this same date a Board of Public Safety was duly appointed ’ and regularly qualified as provided by law. … St. 1926, part of which I have already quoted and which appellee cites, says clearly that the Board of Safety shall appoint a chief and all other officers, members and employees of such police forces.

Greenlee v. State

170 Ind. App. 639 · Indiana Court of Appeals · Sep 16, 1976

When she finally opened the door, she was able to see appellant clearly with the aid of a light in the kitchen area of the apartment. Appellant again struck the prosecutrix and then exited the apartment. … Such a chain of custody was adequately established by the State at trial. The trial court did not err in admitting these exhibits.

Kimble v. Board of Commissioners

32 Ind. App. 377 · Indiana Court of Appeals · Apr 7, 1903

Brown were the legally elected, qualified, and acting commissioners of Eranklin county, and as such constituted the board of commissioners of that county; that during that period these commissioners, acting as such board, … to recover a fund in which others were equally interested, and the judgment in his favor was for the use and benefit o£ the corporation. lie was therefore not entitled to receive the amount of filie judgment himself, but clearly

In Re Paternity of Duran

900 N.E.2d 454 · Indiana Court of Appeals · Jan 30, 2009

On November 12, 2004, Duran filed a response to Baltasar's motion and argued: (1) Bal-tasar was not qualified to act as personal representative; and (2) under choice of law and venue considerations, Ilinois law and Illinois … Key Benefit Adm'rs, Inc., 653 N.E.2d 653 , 655 (Ind.Ct.App.1995), trans. demied. " 'An abuse of discretion may occur if the trial court's decision is clearly against the logic and effect of the facts and cireumstances before

R.J.H. v. State

12 N.E.3d 879 · Indiana Court of Appeals · Oct 6, 2000

To establish fundamental error, however, the error “must be a substantial and blatant violation of basic principles rendering the trial unfair to the defendant.” Collins v. State, 567 N.E.2d 798, 801 (Ind.1991). … Specifically, R.H. argues that under Ind.Code § 35-50-1-2, his conduct qualifies as a single episode of criminal conduct which would preclude his consecutive sentences.

Diaz v. Duncan

76 Ind. Dec. 829 · Indiana Court of Appeals · Jun 30, 1980

Thus, all the necessary elements rendering the statute operative were established in the trial court. … This is true so long as such intention does not interfere with established rules of law.” Collins v. Held, (1977) Ind.App., 369 N.E.2d 641 , 29 I.L.E.

Dontez West and Kyree Guajardo v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 27, 2019

65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Nov 27 2019, 8:39 am court except for the purpose of establishing … Given these facts, we held that the trial court’s decision to deny the motion to dismiss was not clearly erroneous. Id.

John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc. (rehearing)

54 N.E.3d 388 · Indiana Court of Appeals · May 5, 2016

The mandamus action does not lie to establish a right or to define and impose a duty. Id. (citation omitted). … Ind.Code § 32-26-9-1 establishes that certain existing fences are also subject to these repair and maintenance provisions.

Anthony L. Cole v. State of Indiana

Indiana Court of Appeals · Apr 16, 2012

Cole was dressed in dark clothing with clearly visible orange or red embroidery on both the shirt and subsequent report of the home invasion/robbery at Ayers’s home. 6 … Specifically, Cole argues that his prior convictions for possession of marijuana do not qualify as prior, unrelated felony offenses capable of supporting his status as a habitual offender.

US OUTDOOR ADVERT. CO., INC. v. Ind. Dept. of Transp.

714 N.E.2d 1244 · Indiana Court of Appeals · Aug 20, 1999

Outdoor "bears the burden of establishing its invalidity." Id. … In establishing roadside areas to be governed by the applicable sign regulations, IND.

Crowe, Chizek, & Co. v. Oil Technology, Inc.

771 N.E.2d 1203 · Indiana Court of Appeals · Jul 23, 2002

burden of establishing an issue of fact *1207 material to a theory that avoids the affirmative defense. … An opportunity existed in 19983, 1994, and 1995 for Lade, the subsequently retained CPA, to discover that its property qualified for a tax exemption.

Busick v. Busick

65 Ind. App. 655 · Indiana Court of Appeals · Apr 6, 1917

death the owner in fee simple of the real estate devised by him and that the appraised value of his estate was $109,043.55; that his widow elected to take under the will; that the three executors named in the will duly qualified … The purpose of construing any will is to ascertain and give effect to the intention of the testator as expressed by the language employed, if not inconsistent with established principles of law.

Scampmorte v. SCAMPMORTE, ADMR.

133 Ind. App. 276 · Indiana Court of Appeals · Jan 5, 1962

Shearer, you are trying to establish a will by this man, now why do you want to impeach him? “MR. … The burden was upon the appellant to establish and the court to determine that fact.