Case law

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.

Shaquille Washington v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 25, 2017

We will not deviate from this well-established legal principle. … The level of proof necessary to establish probable cause is less than that necessary to establish guilt by a reasonable doubt. Jellison v. State, 656 N.E.2d 532, 534 (Ind. Ct. App. 1995).

A.J. v. Logansport State Hospital

956 N.E.2d 96 · Indiana Court of Appeals · Sep 19, 2011

An abuse of discretion occurs if the trial court’s action is clearly erroneous and against the logic and effect of the facts and circumstances before the court. … s argument adds a qualifier that does not appear in Indiana Code Section 12-26-2-5, and therefore we decline to address it. .

In Re the Guardianship of Ruth Carter, an Incompetent Adult, Colleen F. Batt v. Marsha K. Moore

Indiana Court of Appeals · Feb 7, 2014

Prior to the auction, Moore filed a petition on October 1, 2012, to establish a guardianship over Carter. … However, the statute clearly contemplates that a guardianship may be established in place of a valid power of attorney if certain conditions are met. See Ind.

J.B. Whitelow, Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 19, 2017

[14] Whitelow appears to argue that the DNA samples taken from the shoe and pistol did not qualify for inclusion in the CODIS database, and that they were therefore inadmissible. … It does not establish that Berry’s testimony was knowingly false. 2.

Eagle Aircraft, Inc. v. Anthony Trojnar

983 N.E.2d 648 · Indiana Court of Appeals · Feb 28, 2013

The “extenuating circumstances” regarding refunds in the “Course Refund Policy” does not contain similar qualifying language. 17  It was only through the presentation … of evidence at the small claims trial and motion to correct errors hearing that established Defendant’s Exhibit A governed the relationship between the parties.

Roman Lee Jones v. Sharon Hawk

Indiana Court of Appeals · Apr 26, 2024

immunity. 5 The relevant factors included the impact that accommodating the speech would have on prison officials and inmates and the availability of alternative means for the prisoner to express his complaints. … 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.

Staten v. State

946 N.E.2d 80 · Indiana Court of Appeals · Apr 18, 2011

Here, the record clearly demonstrates that Staten disobeyed the posted stop sign. … Here, Staten's intoxication clearly resulted in unsafe driving practices.

Jeffery Thomas Maxwell v. Shirley Sue Maxwell (mem. dec.)

Indiana Court of Appeals · Aug 10, 2018

Husband clearly argued for the application of a coverture formula and did not waive that issue. … Husband argues that Wife did not establish a need for the van because the parties have transported D.M. for years without the use of a handicapped accessible vehicle.

In re the Termination of the Parent-Child Relationship of J.L. (Minor Child) and J.R. (Mother) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)

Indiana Court of Appeals · Oct 9, 2019

Kohli has been qualified as an expert in the area of Clinical Psychology. 10. … Moreover, the parents in J.R. clearly objected to the trial court’s continuance of the hearing outside the sixty-day time limit of the applicable statute.

Joy v. State

460 N.E.2d 551 · Indiana Court of Appeals · Mar 8, 1984

The first instruction was read to the jury as follows, but with the italicized portion omitted: "I instruct you that if you find that any witness who has testified in this case is testifying in exchange for immunity from … The fact that they crossed over a structure intended to keep them out is sufficient to establish a breaking occurred. 9 .

BEST DISTURBUTING CO. v. Seyfert Foods, Inc.

714 N.E.2d 1196 · Indiana Court of Appeals · Aug 6, 1999

Mitsubishi Caterpillar Forklift America, the Seventh Circuit, again, stated that in Indiana, ordinary business expenses cannot qualify as franchise fees because “franchise fees” must be unrecoverable investments. … The supplier argued that finding thirty days notice was reasonable was not clearly erroneous. Id. at 1190 .

Mary Grigsby v. Martin's Super Markets, Inc. (mem. dec.)

Indiana Court of Appeals · Jun 24, 2019

“Unsworn statements and unverified exhibits do not qualify as proper [summary judgment] evidence.” Id. (citing Smith v. Delta Tau Delta, Inc., 9 N.E.3d 154, 159 (Ind. 2014)). … Clearly, it is undisputed that there was liquid at the end of the aisle.

Robert McAnalley v. State of Indiana

Indiana Court of Appeals · Oct 18, 2019

other felonies don’t qualify someone as SVF. … Clearly, concerns for officer safety are an important consideration. . . .

In the Matter of the Name Change of M.E.B., M.E.B.

126 N.E.3d 932 · Indiana Court of Appeals · Jun 21, 2019

To the extent that our review requires us to review the trial court’s factual determinations, we will apply a clearly erroneous standard. Id. [7] We have considered this set of issues before. … Indeed, in A.L., the trial court, in denying one of the petitions before it, found as follows: L.S. did not establish that he had been subject to specific threats or violence; that

Kirk v. Kirk

759 N.E.2d 265 · Indiana Court of Appeals · Dec 5, 2001

Over the next five years, the trial court repeatedly attempted to establish regular visitation between Father and G.LK., but all attempts were unsuccessful. … We find such an abuse when the trial court's decision is clearly against the logic and effect of the facts and cireumstances. Id. at 108 . We will neither judge the credibility of witnesses nor reweigh the evidence. Id.

Donald Bunger and Flora Bunger v. Jason A. Brooks, M.D.

12 N.E.3d 275 · Indiana Court of Appeals · Jun 23, 2014

We will reverse only when the decision is clearly against the logic and effect of the facts and circumstances. Id. As we observed in Meisenhelder v. Zipp Express, Inc., 788 N.E.2d 924, 930 (Ind. Ct. … Rather, the expert’s opinion is admissible if a proper foundation establishes the need for expert testimony and the expert’s credentials establish an expertise in the area and the methods employed.

Horton v. State

936 N.E.2d 1277 · Indiana Court of Appeals · Nov 17, 2010

Our supreme court held the defendant's knowledge of the victim's pregnancy was not necessary for it to qualify as an aggravating cireumstance. Id. at 1120 . … This contrasts with the case before us, in which evidence clearly established Horton's daily sexual molestation of R.M. over a period of at least six months. Serino also cited Haycraft v.

In the Matter of the Termination of the Parent-Child Relationship of J.J. (Minor Child) D.J. (Father) and P.J. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Nov 13, 2017

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Nov 13 2017, 5:28 am court except for the purpose of establishing … ADJUDGED, and DECREED that the Parent-Child Relationship between [J.J.], the Child, and [Father and Mother] be terminated, and all rights, powers, privileges, immunities