Case law

Benjamin T. Haines v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 24, 2015

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 of the case. … See Washington, 758 N.E.2d at 1018 (noting that the transcript of the revocation hearing had been placed in the record and clearly disclosed the court’s basis for revoking the defendant’s probation

Kolby O'Banion, Taylor O'Banion, Tim O'Banion, and Kelly O'Banion v. Ford Motor Company

43 N.E.3d 635 · Indiana Court of Appeals · Sep 9, 2015

Indiana Evidence Rule 702 provides: (a) A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion … Once reliability has been established, alleged discrepancies between the evidence and an expert’s opinion go to the weight and credibility of the testimony, not to its admissibility. Id.

Term. of Parent-Child Rel. of K.N., C.M., and K.M. M.M. (Mother) and C.M. (Father) v. The Indiana Department of Child Services

Indiana Court of Appeals · May 24, 2012

The trial court’s judgment will be set aside only if it is clearly erroneous. Id. … For the most part, Mother cites her own testimony from the termination hearing in support of her contention, while occasionally citing testimony by others that is qualified by other testimony.

Viking, Inc. v. NBD International, Inc., and Selective Insurance Company of America (mem. dec.)

Indiana Court of Appeals · Nov 30, 2020

Instead, it clearly and unambiguously states that it applies to “all claims and demands” upon Selective that are “on account of” the “loss and damage” Court of Appeals of Indiana | Memorandum … NBD asserts that Oakes was not qualified to 10 render opinions on this issue and that his testimony failed to establish causation of the corrosion.

Henry (Hank) Eilts, Hank's Construction, and The G. Jackie Eilts Credit Shelter Trust v. Jeremy Wayman

Indiana Court of Appeals · May 24, 2013

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing May 24 2013, 8:53 am the defense of res judicata, collateral … The trial court’s findings and conclusions as to apparent authority are not clearly erroneous.1 III.

Barnum v. Rallihan

63 Ind. App. 349 · Indiana Court of Appeals · May 18, 1916

Appellee Mary Barnum was appointed executrix of his will, was duly qualified, and she entered upon her duties as such, March 16, 1910. … This is probably the legal effect of said payment for the reason that the county treasurer has no authority to accept conditional payments * * * while the legal effect of the facts averred would be to establish an absolute

State Ex Rel. Berkshire v. City of Logansport

928 N.E.2d 587 · Indiana Court of Appeals · Jun 4, 2010

We conclude that Cittadine's claim, which involves the enforcement of a public right, qualifies for the public standing doctrine. … Even more compelling, it is apparent that Logansport has fulfilled Judge Dykeman's intent as a result of its agreement to establish and operate the park.

State of Indiana v. John B. Larkin

77 N.E.3d 237 · Indiana Court of Appeals · Jun 7, 2017

App. 1995), trans. denied, where we held a “delay due to the unavailability of a judge who can properly hear a case is an exigent circumstance which qualifies as court congestion and tolls the running the Crim.R. 4(C) time … At the outset, we emphasize the misconduct identified in Taylor was eavesdropping, and only eavesdropping, and our supreme court was tasked with establishing a limited framework to allow the State the opportunity to disprove

Term. of the Parent-Child Rel. of J.L.W. (Minor Child) and S.R.W. (Mother), J.C.H. (Alleged Father), and Alleged Unknown Father v. The Indiana Dept. of Child Services

Indiana Court of Appeals · Apr 23, 2013

Commence proceedings to establish paternity by meeting with the IV-D Prosecutor and fully cooperate with the IV-D staff to establish paternity. j. … He has not established paternity. He has not had any contact with the child or the Department. 19.

Robert Ramon White v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 9, 2016

Ohio, 499 U.S. 400, 405-06 (1991), the United States Supreme Court qualified that principle to preclude the use of peremptory challenges to exclude venire persons from a jury solely on the basis of race. … We therefore conclude that the trial court’s decision in this regard is not clearly erroneous. III.

Dennerline v. Atterholt

886 N.E.2d 582 · Indiana Court of Appeals · May 16, 2008

The Commissioner argues that “[t]he evidence on which Dennerline relies establishes the uncontroversial fact that the premiums collected, after expenses, were less than the eventual claims but does not establish that the … Evidence Rule 702(a) (“If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill

Ernest Wireman v. State of Indiana

Indiana Court of Appeals · Mar 15, 2012

Hale was qualified to testify and render his opinion of Wireman’s sanity when he committed these offenses. 6  At trial, the State elicited testimony from Dr. … Wireman has not established any error in the trial court’s manner of conducting voir dire.

Noe Escamilla v. Shiel Sexton Company, Inc.

54 N.E.3d 1013 · Indiana Court of Appeals · Mar 31, 2016

Clearly, Escamilla’s immigration status is relevant to the issue of damages on his claim for lost future income. … Qualified individuals may also be eligible for work authorization. Id.

In the Matter of the Term. of the Parent-Child Rel. of: C.T. & N.T. and J.T. and B.T. v. The Indiana Dept. of Child Services

Indiana Court of Appeals · May 31, 2013

We will not set aside the termination court’s judgment terminating a parent- child relationship unless it is clearly erroneous. Id. … The termination court’s judgment thus is not clearly erroneous.

In the Matter of: E.P. and C.P. (Minor Children), And A.A. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Mar 24, 2020

We do not set aside the trial court’s findings or judgment unless they are clearly erroneous, meaning that finding is not supported in the record or that the judgment relies upon an incorrect legal … Rather, Mother felt that her experience as a DCS parenting time supervisor qualified her to handle the Children’s serious behavioral issues.

Brandan Lee Eakright v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 30, 2018

was clearly clouded by her intoxication and fueled by potential criminal mischief and/or punishment that she could have faced. Appellant’s Br. p. 24. … [24] Eakright argues that “he qualifies for a reduced sentence” because the nature of the offense “is not particularly egregious due to the nature and location of the touch[ing] and [because there was

FJ v. State

411 N.E.2d 372 · Indiana Court of Appeals · Sep 29, 1980

Later testimony suggests F.J. was possibly 20 pounds underweight, although as noted earlier her usual weight was never established, nor can we glean from the evidence any clear indication of whether there was a sudden recent … It was apparently a form notice used in dissolution of marriage proceedings, and clearly not effective notice of a hearing on commitment for mental illness.

Kenneth Lainhart v. State of Indiana

Indiana Court of Appeals · Jun 29, 2012

We reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Joyner v. State, 678 N.E.2d 386, 390 (Ind. 1997), reh’g denied. … State, 762 N.E.2d 748, 755 (Ind. 2002) (“To qualify as fundamental error, an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible.

DGB v. State

833 N.E.2d 519 · Indiana Court of Appeals · Aug 31, 2005

The supreme court went on to state that under less stressful events, such a lengthy time period might not qualify for the excited utterance exception. Hammon, 829 N.E.2d at 449 ; see, e.g., Davenport v. … If the statement is taken pursuant to established procedures, either the subjective motivation of the individual taking the statement or the objectively evaluated purpose of the procedure is sufficient. Id. at 456 .

Sherrell Ex Rel. Sherrell v. Northern Community School Corp.

801 N.E.2d 693 · Indiana Court of Appeals · Jan 16, 2004

The School's code of conduct clearly states that threats and intimidation are grounds for suspension or expulsion. … grant relief if a person has been prejudiced by an agency action that is (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity