Case law

Term. of the Parent-Child Rel. of: D.C. M.C. M.G. & L.C. (Minor Children) and T.G. (mother) v. The Indiana Dept. of Child Services

Indiana Court of Appeals · Oct 25, 2012

The seven-week-old had not received her recommended immunizations and M.G. had not had her post-natal checkup. 3 Ind. … This Court will not set aside the trial court’s judgment terminating a parent-child relationship unless it is clearly erroneous. In re A.A.C., 682 N.E.2d 542, 544 (Ind. Ct. App. 1997).

Indiana Union Traction Co. v. Pring

50 Ind. App. 566 · Indiana Court of Appeals · Oct 26, 1911

"We think we are clearly supported in this conclusion by the following authorities. 3. In the case of Blake v. … Rep. 627 , the late Chief Justice Polger thus clearly stated the duties of railways in this particular: “It is urged, and with reason, that clearly arranging and promulgating the general time-table of a great railway is the

Michael Wayne Glock, David Nixon Glock, and Daniel Colin Glock v. Sheila C. Hale

Indiana Court of Appeals · May 16, 2012

We will reverse such an exercise of discretion only when the decision is clearly against the logic and effect of the facts and the circumstances before the trial court. Nationwide Ins. Co. v. … The Hale affidavits established that there was a romantic relationship between Hale and Alan.

Dempsey v. Belanger

959 N.E.2d 861 · Indiana Court of Appeals · Nov 23, 2011

Therefore, as [Dempsey] ha[s] failed to *865 establish any of the requirements, the Journey’s Account Statute is simply not applicable. … Here, however, because Dempsey’s first complaint was dismissed on the merits and not for lack of subject matter jurisdiction, it does not qualify as a failure in the action. B.

Grzesiowski v. State

168 Ind. App. 318 · Indiana Court of Appeals · Mar 9, 1976

The State would argue that it is clearly within the sole power of the Legislature to fix the punishment for crimes and this court may neither rewrite the statute nor substitute a judicially determined sentence for a legislative … The State contends that the question did not seek an answer based on hearsay nor does the answer qualify as hearsay.

Termination of Parent-Child Relationship of N.G. v. Indiana Department of Child Services

45 N.E.3d 379 · Indiana Court of Appeals · Sep 29, 2015

Clearly [Mother] has not made the progress she needs to make to properly meet [G.C.’s] special needs. … Tr. p. 71-72. [82] We pause to note that, even were it true that Mother was mistaken about how many times she brought unsealed food to a visit with the children, we believe that, although this may technically qualify as a

Zachary Williams v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 26, 2019

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Feb 26 … The deputy prosecutor requested and defense counsel agreed that Angelina should be qualified as a hostile witness. The trial court granted the deputy prosecutor’s request and direct examination continued.

In the Matter of the Adoption of T.G.: D.G. v. M.C.

Indiana Court of Appeals · Jan 30, 2014

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 … At the same time, D.G. was qualified to work on a fire-truck and an ambulance.

Johnny D. Wayt v. State of Indiana

Indiana Court of Appeals · Feb 27, 2014

“The critical inquiry is whether the findings adopted by the court are clearly erroneous.” Id. (internal quotation omitted). … Inman also attempted to tarnish Weber’s credibility by questioning her about the fact that she lied before the grand jury despite being granted immunity for her grand jury testimony.

Vicki Jo Clemons v. State of Indiana

83 N.E.3d 104 · Indiana Court of Appeals · Aug 30, 2017

“To qualify as 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, the … [8] Had Willoughby’s injuries clearly constituted serious bodily injury, I would affirm, because a weapon that actually causes serious bodily injury is necessarily capable of causing such injury.

Marten Transport, Ltd., a Foreign Corporation, and Caroline Hurst v. Kathleen E. Lucas (mem. dec.)

Indiana Court of Appeals · Aug 16, 2017

In addition, after the accident, Lucas experienced cognitive impairment such as trouble concentrating, thinking clearly, and remembering things. In Dr. … Thus, Appellants did not establish as a matter of law that Hurst did not breach the duty of care to Lucas.

C A v. State of Indiana

Indiana Court of Appeals · Nov 20, 2024

A probation officer reported that K.W. needed “intensive services through a Qualified Residential Treatment Program to address his needs” and the officer did “not believe the juvenile has the adequate support … Grandmother and Mother also agreed that a Qualified Residential Treatment Program would be the appropriate placement for K.W. (See App. Vol. 2 at 31, 39.)

Edward D. Bagshaw v. State of Indiana

Indiana Court of Appeals · Jun 27, 2014

An abuse of discretion may occur if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted the law. Id. … Butler were qualified to conduct a sanity evaluation, she failed to conform to the applicable guidelines for doing so. Bagshaw argues that Dr.

Gallagher v. MARION CTY. VICTIM ADVOCATE

401 N.E.2d 1362 · Indiana Court of Appeals · Mar 24, 1980

His fingerprints, if they are to be of any value to the police, must be filed in a cabinet and indexed in such a manner that they may be found by one who is qualified to read them. … The court clearly envisioned the applicability of legislative enactments to city police departments.

Johnus L. Orr v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 23, 2018

Special Agent Horan stated that he has been recognized and qualified as an expert witness for cell phone record analysis in numerous courts. … According to Johnus, “the record reflects a reasonable possibility that the evidentiary facts used by the jury to establish the essential elements of Murder of the fetus also may have been used to establish

State v. Edgman

447 N.E.2d 1091 · Indiana Court of Appeals · Apr 13, 1983

At the "S" curve on Cline Avenue, for reasons that have never been clearly established, Casillas lost control of his automobile as he approached the Grand Calumet River Bridge in the middle of the curve. … Gary Long, both qualified highway construction engineers, and the legitimate inferences to be drawn therefrom provide a sufficient basis for a finding of negligence on the part of the State.

Robert Parker v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 5, 2018

An abuse of discretion occurs if the decision 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 … See Meadows, 2 N.E.3d at 793 (holding that drug court deferral program provides an opportunity for those qualified to avoid conviction and sentence, but only if they comply with the conditions of the

Frederick Cashner, Sr. and Lucille Cashner v. Western-Southern Life Assurance Company

Indiana Court of Appeals · Jun 25, 2014

Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any Jun 25 2014, 9:52 am court except for the purpose of establishing … Griffin, 849 N.E.2d 507, the question “was clearly a close call.” Appellants’ Brief at 7.

Michael D. Fox v. Melissa J. Fox (mem. dec.)

Indiana Court of Appeals · Mar 7, 2017

Father unquestionably qualifies as a relocating individual. … Moreover, the Notice states that no modification of parenting time would be necessary, again clearly implying that Child would be spending the same amount of time with Father that she always had, and

Steven Glover, as Personal Representative of the Estate of Shelina M. Glover v. Allstate Property and Casualty Insurance Company

Indiana Court of Appeals · Sep 16, 2019

erred in failing to grant its motion for summary judgment on the basis it was not properly notified of Shelina’s status as a “resident relative” in the household of her parents and that, therefore, she did not qualify … [14] “Insurers are free to limit the coverage of their policies, but such limitations must be clearly expressed to be enforceable.” State Farm Mut. Auto. Ins. Co. v.