Case law

Robert A. Peterson, Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 30, 2018

The State also presented the Vista Village surveillance video footage that clearly shows Peterson’s truck. … the discharge of that weapon,” the State’s evidence sufficiently supports Peterson’s conviction on Count I because police recovered two firearms from his trailer after he had been convicted of a qualifying

Samuel W. Koonce v. Kim M. Finney

68 N.E.3d 1086 · Indiana Court of Appeals · Jan 13, 2017

Wife’s entitlement to a distribution of Husband’s military retired pay shall be documented by a duly executed and ordered Qualified Domestic Relations Order. … We review the findings of fact using a clearly erroneous standard.

In Re Guardianship of Stalker

953 N.E.2d 1094 · Indiana Court of Appeals · Jul 29, 2011

To invoke this doctrine, the matters decided in the earlier appeal must clearly appear to be the only possible construction of an opinion. Id. … There is no evidence in the record, nor does Stalker direct us to any, establishing that at the moment Pierce decided to demolish the home, she was acting as a member of the Board of Health.

Snider v. Lewis

150 Ind. App. 30 · Indiana Court of Appeals · Nov 23, 1971

The rule that this court will not weigh the evidence is so well established that it needs no citation of authority. … Attorneys and the public have the right to rely on established law in conducting litigation in the courts.

David Freed v. Elizabeth Freed

Indiana Court of Appeals · Jan 26, 2024

Establishment of public policy on Court of Appeals of Indiana | Opinion 23A-DC-129 | January 26, 2024 Page 7 of 30  this delicate issue would be better left to our General Assembly, but there is … [23] According to the Fourteenth Amendment to the United States Constitution: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the

Nancy Hay v. Richard Hay

Indiana Court of Appeals · Sep 11, 2014

Clearly from the evidence and a review of the file, [Wife’s ISTRF] was never valued at the time of the dissolution. … App. 2006) (“It is well established that a party cannot raise an argument for the first time on appeal.”).

Farrell v. State

612 N.E.2d 124 · Indiana Court of Appeals · Apr 5, 1993

Cir., 293 F. 1013 , and requires that "the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs." … When the trial court determines the trier of fact will be assisted in understanding evidence or in determining a fact in issue, testimony of scientific, technical, or other specialized knowledge gained by a witness qualified

In the Matter of the Termination of Parent-Child Relationship of R.E. and D.E. v. Indiana Department of Child Services

Indiana Court of Appeals · Jul 9, 2013

The Fourteenth Amendment to the United States Constitution protects the traditional rights of parents to establish a home and raise their children. Id. … For all of these reasons, the trial court’s determination on this issue is not clearly erroneous.

Hoemig v. State

522 N.E.2d 392 · Indiana Court of Appeals · Apr 11, 1988

Clearly, an error on the part of the trial judge in instructing the jury is likely to be corrected if the defense counsel informs the judge of his objections. … Casey was not qualified to render such an opinion. At trial, the defendant only objected that there was no evidence supporting the implication in the question that Danny Hobbs was laying down rather than standing up.

Clinton E. Sams v. State of Indiana

Indiana Court of Appeals · Mar 7, 2012

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before Mar 07 2012, 8:54 am any court except for the purpose of establishing … Sams did, in fact, qualify as habitual substance offender, however, if he signed that existing plea agreement, it would not be filed.

Marquell M. Jackson v. State of Indiana

84 N.E.3d 706 · Indiana Court of Appeals · Oct 5, 2017

[20] Further, “it is well-established that due process requires that a defendant be given notice of the crime or crimes with which he is charged so that he can prepare his defense. … Although the State’s instruction does not qualify the participation language, any error was harmless due to the strong evidence of appellant’s guilt. Hurt v.

Indiana Farmers Mutual Insurance Co. v. North Vernon Drop Forge, Inc.

917 N.E.2d 1258 · Indiana Court of Appeals · Dec 15, 2009

The unintended consequence of an intentional act may qualify as an "occurrence" for insurance purposes. Harvey, 842 N.E.2d at 1291 . … [A] claim clearly excluded from policy coverage cannot be turned into a covered risk by styling the pleadings to fit the policy language."); Jim *1272 Barna Log Sys. Midwest, Inc. v. Gen. Cas. Ins.

Jason A. Reber v. State of Indiana

Indiana Court of Appeals · Apr 18, 2012

FILED Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before Apr 18 2012, 8:58 am any court except for the purpose of establishing the defense … An abuse of discretion has occurred when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before it. Id.

Collier v. State

846 N.E.2d 340 · Indiana Court of Appeals · Apr 27, 2006

The court observed, Appellant clearly stated his intentions to the parents of the children. … Third, although Collier made no post-arrest confession to the police, he did make pre-arrest statements to Cameron clearly delineating his intent.

Robert Klinglesmith v. State of Indiana

Indiana Court of Appeals · Oct 3, 2013

An abuse of discretion occurs if a trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Id. … were also used to establish the essential elements of battery.

Pinkowski v. Calumet Township of Lake County

852 N.E.2d 971 · Indiana Court of Appeals · Aug 21, 2006

On the other hand, the Lessors claimed that they were entitled to summary judgment because the correspondence that they received from the Township never qualified as an option to purchase the real estate. … However, we must conclude that the language of the November 8 correspondence failed to "clearly and unequivocally" do so under the specific terms of the Option.

Development Serv. v. Ind. Fam. Soc. Serv.

915 N.E.2d 169 · Indiana Court of Appeals · Oct 14, 2009

I also did not find a failure to base it upon substantial and reliable evidence or that it was clearly erroneous on the basis of being contrary to applicable Federal and State law. … Id. at 1284 (footnote omitted) (emphases added). [19] *186 The rule barring post hoc rationalizations as announced in Scheid is now well established in Indiana. See, e.g., 20th Century Fiberglass v.

Kyle E. Bowers v. State of Indiana

Indiana Court of Appeals · Jul 3, 2012

Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of FILED Jul 03 2012, 9:29 am establishing … The Court thus concluded that the defendant’s crimes did not qualify as an episode of criminal conduct within the meaning of Indiana 4  Code section 35-50-1-2(b

Kurt Gregory v. Carol Gregory

Indiana Court of Appeals · Jan 9, 2012

Kurt has not established that Carol willfully disobeyed the MSA or PTG on this point. … Namely, it is an open-ended provision that clearly contemplates the submission of any future disagreements between the parties regarding their children to arbitration.

Voss v. Wagner Palace Car Co.

16 Ind. App. 271 · Indiana Court of Appeals · Feb 20, 1896

He ob *305 tained comparative protection for himself and his property, and immunity from disturbance during the passage. These facts afford no solution of the question. … In the prevailing opinion it is not clearly stated whether the company is liable because it was a duty, owing by the company to its patrons to accept the effects and upon demand deliver them saf ely, or whether the company