Case law

Fiducial Investment Advisors v. Patton

900 N.E.2d 53 · Indiana Court of Appeals · Jan 29, 2009

The role of an appellate court in reviewing an arbitration award is limited to determining whether the defendant has established any of the grounds for challenge permitted by the Uniform Arbitration Act. Id. … The arbitration panel clearly rejected FIA's argument that the panel lacked authority to decide those issues.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of H.R. (Minor Child) and J.N. (Mother) and M.R. (Father) v. Indiana Department of Child Services

Indiana Court of Appeals · Feb 11, 2014

They are exceptionally qualified to tend to his special needs, and the sister/foster mother is overseeing his in-home speech therapy. … In sum, recent remedial efforts notwithstanding, Father clearly has a substance abuse problem that has continued for many years.

Jason L. Dague v. State of Indiana

Indiana Court of Appeals · Nov 12, 2014

An abuse of discretion occurs only where the decision is clearly against the logic and effect of the facts and circumstances. Palmer v. … Dague has failed to establish that the trial court denied him due process when it refused his request for a continuance. II.

Tony Mays v. State of Indiana

Indiana Court of Appeals · Jul 22, 2013

Consequently, Mays’s appellate counsel would have been required to establish that the admission of the recordings resulted in fundamental error. See, e.g., Hoglund v. … Further, Mays makes no argument regarding his own statements on the video. 2 The Lehman court held that the informant’s description of the controlled buy at the beginning and end of the tape qualified as testimonial and

Scott v. Anderson Newspapers, Inc.

477 N.E.2d 553 · Indiana Court of Appeals · Apr 29, 1985

They are defined and established by the articles of incorporation and applicable laws. Berger v. Amana Society (1959), 250 Towa 1060, 95 N.W.2d 909 , 70 A.L.R.2d 830, 838 ; Crocker v. … It clearly authorizes charter provisions "creating, defining, limiting or restricting the powers ..., of the shareholders of any class ... of shareholders."

Thomas Derrow v. State of Indiana

Indiana Court of Appeals · Dec 10, 2014

the defense of purpose of establishing theres judicata, defense of collateral estoppel, or the law res judicata, collateral estoppel, orof the … The fundamental error exception to the waiver rule is an extremely narrow one, “available only when the record reveals clearly blatant violations of basic elementary principles of due process, and the harm or potential

Collins v. Grabler

147 Ind. App. 584 · Indiana Court of Appeals · Oct 22, 1970

This principle to my knowledge has never been, nor should it be, qualified by a condition — "unless the trial judge disagrees". … It is, or should be well-established that a defendant-host under the Indiana guest statute, Acts 1929, ch. 201, § 1, as *605 amended and as found in Ind. Ann.

Hardy v. Hardy

942 N.E.2d 838 · Indiana Court of Appeals · Jan 25, 2011

Like FEGLIA, SGLIA establishes a specified “order of precedence” for policy beneficiaries. Id. at 52 , 102 S.Ct. at 53 . … The Court held that “a state divorce decree, like other law governing the economic aspects of domestic relations, must give way to clearly conflicting federal enactments.” Id. at 55 , 102 S.Ct. at 55 .

Monique J. Hartley (Mansfield) and Mark J. Mansfield v. Amity Reading (mem. dec.)

Indiana Court of Appeals · Sep 21, 2016

[36] Our Supreme Court has “recognize[d] that judges are not immune from the emotional effect of the cases they hear” . . . and that “[r]ecognizing that burden, we will not race to judgment over isolated … “An abuse of discretion occurs when the trial court’s award is clearly against the logic and effect of the facts and circumstances before the court.” Daimler Chrysler Corp., 814 N.E.2d at 286-87.

United States Steel Corp. v. Northern Indiana Public Service Co.

951 N.E.2d 542 · Indiana Court of Appeals · Jun 9, 2011

subject matter jurisdiction is lacking, the Commission’s authority to make a threshold determination of an entity’s public utility status does not *552 give the Commission jurisdiction to regulate that entity if it does not qualify … The CAD was established by the Commission pursuant to Indiana Code section 8 — 1—2—34.5(b), which provides in relevant part: The commission may establish an appeals division to act on its own behalf regarding individual customer

Freddie Holman v. State of Indiana

Indiana Court of Appeals · Apr 26, 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 … On February 28, 2011, the State offered Lakeitha use-immunity for her 4 testimony about what occurred on the night Robinson was shot.

5200 Keystone Limited Realty, LLC v. Filmcraft Laboratories, Inc., Eric J. Spicklemire, Portrait America, Inc., A.C. Demaree, Inc., Clean Car, Inc., and The Wax Museum & Auto Sales, Inc.

Indiana Court of Appeals · Apr 14, 2015

[15] Indiana Evidence Rule 702 governs the admissibility of expert testimony, and provides as follows: (a) A witness who is qualified as an expert by knowledge, skill, experience … Court of Appeals of Indiana | Opinion 49A02-1403-CT-188 |April 14, 2015 Page 16 of 26  The grant or denial of a motion to dismiss made under Trial Rule 41(B) is reviewed under the clearly

Jason Dean Hubbell v. State of Indiana

58 N.E.3d 268 · Indiana Court of Appeals · Aug 5, 2016

from one place to another, which resulted in serious bodily injury to Sharon Myers, specifically her death, wouldn’t that in your judgment qualify as a double jeopardy, if you was [sic] to be … In this review, we accept findings of fact unless clearly erroneous, but we accord no deference to conclusions of law. Id.

Douglas A. Myers v. State of Indiana

Indiana Court of Appeals · Oct 10, 2012

Although it is well-established that a defendant who pleads guilty deserves to have mitigating weight extended to the guilty plea in return, Francis v. … the trial court failed to properly consider them, id., an allegation that the trial court failed to find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly

Bixenman v. Hall

141 Ind. App. 628 · Indiana Court of Appeals · Dec 31, 1968

However, I feel that there are some issues raised which have not been clearly and succinctly discussed and answered in the opinion. … However, from a careful reading of the statute in question it appears the General Assembly did not qualify the duties placed on operators of bicycles according to age — it set up the norm of care for everyone.

Kamari Hogue, A Minor, By and Through His Parent And Next Friend, Trent Hogue v. Robert Critz, Jr.

Indiana Court of Appeals · Dec 5, 2012

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. … The trial court sustained Critz’s argument that answers to the questions lacked proper foundation because Officer Haywood had not been qualified as an expert.

Eric D. Smith v. Steve Euler, Melvin Brooks, Marty Sexton, and Jason Jacob

Indiana Court of Appeals · Jun 12, 2012

review; (2) Smith’s allegations of negligence or other tort claims against employees of the DOC were precluded by the Indiana Tort Claims Act because government employees acting within the scope of their employment are immune … This provision established virtually the same criteria for the same award, i.e., attorney fees, albeit under a different statute governing a different stage of litigation.

Cloum v. State

779 N.E.2d 84 · Indiana Court of Appeals · Nov 27, 2002

Facts Because Cloum pled guilty, the following facts are derived from his testimony establishing the factual basis that he committed voluntary manslaughter, a Class A felony because it was committed by means of a deadly weapon … "The impact on others may qualify as an aggravator in certain cases but 'the defendant's actions must have had an impact on ...

City of Gary Ex Rel. King v. Smith & Wesson Corp.

776 N.E.2d 368 · Indiana Court of Appeals · Sep 20, 2002

A person without a qualified or unlimited handgun permit who wishes to purchase a handgun must complete an application process that includes a criminal background check. See Ind.Code § 35-47-2.5-4. … of a special relationship to establish the existence of a duty of care.

J.B. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 30, 2016

An abuse of discretion occurs where the decision is clearly against the logic and effect of the facts and circumstances. Id. … only two, narrow arguments” in objecting to the admission of the evidence, namely, that the State failed to provide timely notice of its intent to use the evidence and that the evidence would not qualify