Case law

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: D.W. (Minor Child), and R.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · May 22, 2020

We will set aside the trial court’s judgment only if it is clearly erroneous. Id. … At other times, they can think quite clearly and look quite good. Tr. Vol.

Bruce K. Pond v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 9, 2018

The post-conviction court’s finding is not clearly erroneous. B. … We cannot say that the post-conviction court’s finding is clearly erroneous.

Jordan Parker, a minor, individually, and by James Parker and Cheryl Parker, as Natural parents and next friends of Jordan Parker v. Indiana State Fair Board, an agency of The State of Indiana

Indiana Court of Appeals · Aug 23, 2013

We conclude that the 4-H Affidavit, which Jordan and Cheryl signed, clearly and unambiguously bound them to the terms of the Handbook. … Although not labeled as such, the Parkers’ motion was clearly a motion for partial summary judgment only.

Dawson v. Hummer

649 N.E.2d 653 · Indiana Court of Appeals · Apr 18, 1995

Because the facts are in dispute as to whether Realtors committed fraud, we cannot say as a matter of law that this exeulpatory clause renders Realtors immune from liability. … We stated "[the element of reliance is established only where the complaining party demonstrates he had a right to rely upon defendant's representations." Id. at 1316 .

Myles Kendall McMahan v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 16, 2018

The police later established that the keys belonged to Coast To Coast. … The police later established that the key fob was for a Mercedes Benz owned by Coast To Coast.

Aaron W. Prater v. State of Indiana

Indiana Court of Appeals · Jun 24, 2013

The terms of Prater’s plea agreement clearly state that Prater agreed to waive his right to challenge both his convictions and the sentence imposed by the trial court. … However, despite Prater’s claim to the contrary, the record clearly demonstrates that Prater did in fact sign his plea agreement.

In the Matter of the Termination of the Parent-Child Relationship of J.C., Mother, and M.H. and M.H., Jr., Minor Children, J.C. v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jan 31, 2020

to appear at the hearings, the Court may terminate the parent-child relationship; and if the Court terminates the parent-child relationship, you will lose all parental rights, powers, privileges, immunities … The juvenile court’s finding that DCS has a suitable plan for Children care and treatment is not clearly erroneous. See In re D.D., 804 N.E.2d 258, 268 (Ind. Ct.

Angelopoulos v. Angelopoulos

2 N.E.3d 688 · Indiana Court of Appeals · Oct 29, 2013

("Transmar"), Didiac Establish ment ("Didiac"), Beta Steel Corp. ("Beta *692 Steel"), and Top Gun Investments Corp. II ("Top Gun"). … The Greek courts clearly rejected Constantinos's claim on its merits. Pursuant to the doctrines of both comity and res judicata, Constantinos cannot now relitigate this issue in Indiana courts.

Reese Levi Keith v. State of Indiana

Indiana Court of Appeals · Jun 20, 2019

Applying the plain meanings of the terms, we conclude that an injury to the mind, as alleged here by the State, does not qualify as a bodily injury. … It was Keith’s burden on appeal to establish that the trial court Court of Appeals of Indiana | Opinion 18A-CR-1961 | June 20, 2019 Page 20 of 23  overlooked mitigating evidence that was both clearly

Sandra Winslow v. Fred Winslow (mem. dec.)

Indiana Court of Appeals · Sep 29, 2016

Findings will be set aside if they are clearly erroneous. Id. … Wife will no longer be a covered dependent on Husband’s health insurance, and that Wife will be responsible for her own health care costs estimated to be between $400 and $800 per month until she qualifies

Nathan K. Barker v. State of Indiana

994 N.E.2d 306 · Indiana Court of Appeals · Sep 17, 2013

Code § 35-38-2.5-5(e). 10 our supreme court held that the defendant’s in-home detention prior to trial constituted confinement sufficient to qualify him for credit … App. 2002) (holding that defendant had failed to establish disparate and preferential treatment between pretrial and post-sentencing home detainees). 12 of his executed

State v. Gerschoffer

738 N.E.2d 713 · Indiana Court of Appeals · Nov 28, 2000

Indeed, the fragile foundation of the federal floor as a bulwark against arbitrary action is clearly revealed when, as here, the federal floor falls below minimum state protection.” … The efficacy of a roadblock is clearly no justification for it.

Brandan Bellamy v. State of Indiana

Indiana Court of Appeals · Jun 13, 2013

An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Id. … In our view, the State presented independent sufficient evidence to establish that Bellamy had struck Hamler. Indeed, Bellamy did not deny hitting Hamler.

D.G. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jan 23, 2018

not be regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing … [7] The statute further provides that the trier of fact may consider several relevant factors in determining whether qualified representations have been made, including “statements made by the owner or

In re: The Adoption of A.S., a minor child, S.J., and P.M. v. A.H. (mem. dec.)

Indiana Court of Appeals · Feb 26, 2020

The Putative Father Registry that was submitted to the Court clearly lists [M.S.] as the father of the Child. 3. … paternity must be established in a proceeding “other than the adoption proceeding[.]”

Timothy Malott v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 19, 2020

Arnold was qualified as an expert and did not object to Dr. Arnold’s testimony regarding the results of the blood test. Malott, however, challenges the admission of Dr. … To the contrary, to establish Dawson’s recklessness the State need have established only that Dawson did a wheelie on his motorcycle, since a wheelie by its very nature is a reckless act.

James E. Sizemore v. State of Indiana

Indiana Court of Appeals · Aug 13, 2013

He agreed to plead guilty to the class D felonies and the misdemeanors and to testify against Sizemore, in exchange for which the State agreed to dismiss the class B felony charge and grant him use immunity for his testimony … We will reverse a trial court’s decision only when the court’s action is clearly against the logic and effect of the facts and circumstances before the court. Id.

Ellettsville Holdings, LLC v. Garnett D. Kinser

Indiana Court of Appeals · Jan 25, 2012

Hence the need for Kinser to hire someone qualified to conduct an ALTA survey and certify the survey as such. … Kinser, having no expertise in the area of ALTA surveys, hired a qualified professional to conduct the ALTA survey.

Doe v. Town of Plainfield

893 N.E.2d 1124 · Indiana Court of Appeals · Sep 24, 2008

That is, we begin with the presumption that the ordinance is constitutional until clearly overcome by a contrary showing. See Boehm v. Town of St. John, 675 N.E.2d 318, 321 (Ind.1996). … See Appellant’s Br. at 40 (“To ban [Doe], merely because of his past offenses, is clearly excessive and fails to have a rational connection with any non-punitive purpose.”).

In the Matter of the Name and Gender Change of R.E.

Indiana Court of Appeals · Mar 12, 2020

I don’t know if he is a doctor and if he is a doctor who is qualified in this area. Id. at 19. … And to the extent our review requires us to consider the trial court’s factual determinations, we will apply the clearly erroneous standard. In re A.L., 81 N.E.3d at 288.