Case law

Temporary Protective Order A.N. v. K.G.

24 N.E.3d 989 · Indiana Court of Appeals · Jan 21, 2014

Therefore, in order to prevail A.N. must establish fundamental error. See id. To qualify as fundamental error, “an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible.” … Clearly, out-of-court statement ... being used to prove the truth of the matter asserted that he was around the— [TRIAL COURT]: Mr.— [DEFENSE COUNSEL]: —kids.

Crist, Inc. v. Whitacre

147 Ind. App. 16 · Indiana Court of Appeals · Aug 11, 1970

Defendants make a good case for the principle of establishing minimum standards of acceptable human conduct on the basis of the knowledge possessed by the hypothetical “reasonable man”. … The presumption is that appellant [the employer] was not guilty of a breach of its legal duty, and we can not supply by intendment facts tending to establish such breach ....

Indiana Family & Social Services Administration v. Hospitality House of Bedford

704 N.E.2d 1050 · Indiana Court of Appeals · Dec 30, 1998

[FSSA has] failed to establish any element of subterfuge in the continued billings. … In large part, the Lett court determined that the plaintiff could have increased its reimbursement rate by qualifying at a higher certification level.

SR v. MJ

Indiana Court of Appeals · Mar 16, 2017

The trial court’s findings of fact are clearly erroneous if the record lacks any evidence or reasonable inferences to support them. … The adoption court, however, made an initial determination that Mother had sufficient income and did not qualify for appointed counsel.

Payne v. Marion General Hospital

549 N.E.2d 1043 · Indiana Court of Appeals · Feb 5, 1990

However, if the situation is clearly within the realm of laymen’s comprehension, expert medical testimony is not required. Ellis, supra; Searcy, supra; Revord, supra. … Donaldson and the Practice qualifies for exceptional treatment, we cannot come to a similar conclusion concerning its claim against the Hospital.

Bastin v. First Indiana Bank

694 N.E.2d 740 · Indiana Court of Appeals · Apr 27, 1998

Despite the availability of the weekly auction average through various secondary sources, the Note clearly permits First Indiana to use the Index figure that is made available by the Federal Reserve Board. … The statements in Geddes' affidavit also qualify as hearsay under Ind.Evid.Rule 801(c). 9 .

Katelin Eunjoo Seo v. State of Indiana

109 N.E.3d 418 · Indiana Court of Appeals · Aug 21, 2018

The District Court dismissed this new indictment based on the violation of the immunity previously granted. Id. at 32. … The elements of compulsion are clearly present, but the more difficult issues are whether the tacit averments of the taxpayer are both “testimonial” and “incriminating” for Court of Appeals

Louisville, New Albany & Chicago Railway Co. v. Nicholai

4 Ind. App. 119 · Indiana Court of Appeals · Mar 1, 1892

A verbal contract is as obligatory as a written one, when established. The only difference is in the manner and in the certainty of the proof. … The rigorous accountability to which common carriers of goods and- baggage have been held as against all losses, save of the kind we have named, has been relaxed so far as to allow that liability to be qualified to some extent

Paul J. Kinnaman v. State of Indiana

Indiana Court of Appeals · Mar 16, 2012

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law … The State notes he had qualified in that court as an expert in other trials and asserts he “could and would have qualified as a skilled witness,” and “likely could have qualified as an expert” had the issue been raised.

JWP Zack, Inc. v. Hoosier Energy Rural Electric Cooperative, Inc.

709 N.E.2d 336 · Indiana Court of Appeals · Apr 13, 1999

Zack claims that the Mother Agreement is the contract that establishes the basic relationship between the parties and that its limitation of liability clause limits any liability Zack may have to Hoosier. … In dissimilar settings, our supreme court has held: “The work product privilege is a qualified one and can be waived. What constitutes a waiver of the privilege depends upon the circumstances.

In the Termination of the Parent-Child Relationship of: H.A., A.A., Ri.A., and Ro.A. (Minor Children), and R.A. (Father) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Feb 19, 2019

We do not find that this statement qualified as an excited utterance. See, e.g., Bryant v. State, 984 N.E.2d 240, 247 (Ind. Ct. … We will set aside the trial court’s judgment only if it is clearly erroneous. Id.

Indiana Gas & Electric Company v. Indiana Utility Regulatory Commission

75 N.E.3d 568 · Indiana Court of Appeals · Apr 27, 2017

We also concluded that the Commission was not authorized to establish a presumption of eligibility in a seven-year TDSIC plan. Id. at 9. … that the legislative intent in enacting the TDSIC statute was to provide a timelier process for utilities to recover their costs, and a broader application of the word “update” would support that intent by qualifying

Lewis James Martin v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 14, 2020

Decision shall not be FILED regarded as precedent or cited before any Oct 14 2020, 8:33 am court except for the purpose of establishing … notice of intent to file a habitual offender sentence enhancement pursuant to Indiana Code section 35-50-2-8, but the State later moved to dismiss the habitual offender count after determining Martin did not qualify

Coleman v. Charles Court, LLC

797 N.E.2d 775 · Indiana Court of Appeals · Oct 16, 2003

Medical studies show that repeated exposures to histoplasmo-sis actually lead to a patient developing immunity, reducing the severity of illness upon rechal-lenge. … The trial court's decision will not be reversed unless prejudicial error is clearly shown. Id.

HCA Health Services of Indiana, Inc. v. Gregory

596 N.E.2d 974 · Indiana Court of Appeals · Jul 30, 1992

A state law must yield to a federal law if Congress clearly shows its intent to specifically regulate the matter covered by the federal law at issue. Deberry v. … Light (1990), Ind., 558 N.E.2d 821, 824 (statute of limitations under State Act tolled while medical review panel considers proposed complaint; if panel decides that health care provider not qualified under State Act, statute

Thompson v. State

966 N.E.2d 112 · Indiana Court of Appeals · Mar 29, 2012

Thus, we reverse only where the trial court’s decision is clearly erroneous. Id. … Thompson concedes that the evidence establishes that he was present in 4210 Carrollton.

In the Matter of the Termination of the Parent-Child Relationship of J.S. & H.E., Minor Children, E.S., Mother & G.E., Father v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Sep 25, 2017

We confine our review to two steps: whether the evidence clearly and convincingly supports the findings, and then whether the findings clearly and convincingly support the judgment. Id. … App. 2007) (failure to challenge findings by the trial court resulted in waiver of the argument that the findings were clearly erroneous), trans. denied.

State v. Cornelius

637 N.E.2d 195 · Indiana Court of Appeals · Jul 14, 1994

Clearly, I.C. 8-20-1-28 evidences a relationship between the utility erecting poles along the highway and the public which uses the roads. Cornelius was clearly a user of a road. … That Cornelius was a member of the public using the highway is sufficient to establish the requisite relationship between the Highway Commission and Cornelius and between Contractors United and Cornelius.

Steward v. State

636 N.E.2d 143 · Indiana Court of Appeals · Jun 14, 1994

Even if the issue were preserved, Steward has failed to meet his burden of establishing his claim for a new trial. … The Girtons were not introduced or qualified by the State as expert witnesses but were fact witnesses who testified about the circumstances surrounding S.M.’s disclosure of sexual abuse.

Indiana Family & Social Services Administration v. Pickett

903 N.E.2d 171 · Indiana Court of Appeals · Mar 26, 2009

The twenty-eight findings and conclusions within the court's decision explain why Pickett qualifies for Medicaid disability. IFSSA appeals. … Thus, an agency's decision may be vacated if the evidence, viewed in the aggregate, demonstrates that the conclusions reached by the agency are clearly erroneous. Partlow v. Ind. Family & Soc. Servs.