Case law

Opinions from 1658 to today.

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  • Brian McGill v. State of Indiana

    Indiana Court of Appeals · Sep 25, 2013

    Furthermore, even if McGill would have established that the deputy prosecutor’s statement amounted to improper vouching, McGill has failed to establish that the deputy prosecutor’s statement placed him in a position of … As a result, McGill qualifies as a habitual offender. McGill’s claim to the contrary essentially amounts to a request that we reweigh the evidence, which we will not do.

    Cited 0 timesUnpublished
  • Mark Carter and John E. Carter, Co-Personal Rep. of the Estate of John O. Carter, M.D. v. Loretta Robinson, Individually and as Admin. of the Estate of John E. Robinson

    Indiana Court of Appeals · Oct 30, 2012

    Thus, expert testimony must be supported by appropriate validation or “good grounds” based on what is known establishing a standard of evidentiary reliability. Id. … The trial court abuses its discretion if its decision is clearly against the logic and effect of the facts and circumstances of the case, or if it misinterprets the applicable law. Id. at 976.

    Cited 0 timesPublished
  • James McDuffy v. State of Indiana

    Indiana Court of Appeals · Sep 10, 2014

    As a result, McDuffy qualifies as an habitual offender. McDuffy’s claim to the contrary amounts to a request that we reweigh the evidence, which we will not do. … Thus, some of the evidentiary facts establishing the elements of Class A felony conspiracy to commit kidnapping also established all of the essential elements of the Class A felony kidnapping.

    Cited 0 timesUnpublished
  • Robert J. Lambright, Shirley A. Lambright, and Dutch Land, Inc. a/k/a Dutchland, Inc. v. Dawn M. Gregory, as Guardian for Donna Lee

    Indiana Court of Appeals · Jun 28, 2013

    The trial court clearly relied on both Fry’s mathematical calculations and his underlying assumptions. … We express no opinion as to whether waiver has in fact been established.

    Cited 0 timesUnpublished
  • Charles Poling v. Property Owners Insurance Company

    Indiana Court of Appeals · Feb 13, 2014

    Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of Feb 13 2014, 9:56 am establishing the defense of res judicata, collateral … In making the above-stated allegations, Poling requested that the trial court appoint a qualified person as an Umpire pursuant to the terms of the insurance policy.

    Cited 0 timesUnpublished
  • Stalker v. Pierce

    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.

    Cited 1 timesPublished
  • Aaron Edward Belcher v. State of Indiana

    Indiana Court of Appeals · Dec 10, 2013

    In addition to establishing the grounds for the misconduct, Belcher must also demonstrate that it rose to the level of fundamental error. Id. … Belcher maintains that this language—specifically the last two sentences—must be construed as clearly (if indirectly) denigrating remarks designed to portray defense counsel as a liar.

    Cited 0 timesUnpublished
  • Gary Oswalt v. State of Indiana

    995 N.E.2d 685 · Indiana Court of Appeals · Sep 30, 2013

    There are no limits on the number of for-cause challenges, but each must be supported by specified causes or reasons that demonstrate that, as a matter of law, the venire member is not qualified to serve. Id. … We will reverse a trial court’s decision for an abuse of discretion where the court’s decision is clearly against the logic and effect of the facts and circumstances. Reeves, 938 N.E.2d at 14.

    Cited 1 timesPublished
  • A.F. v. J.F.

    Indiana Court of Appeals · May 14, 2012

    precedent or cited before any court except for the purpose of FILED May 14 2012, 8:39 am establishing … However, it appears from argument of counsel at the motion to correct error hearing (and Father’s apparent concession) that Father is no longer considered a qualified individual to act as representative payee.

    Cited 0 timesUnpublished
  • Karl Kapanke, Universal Am-Can, Ltd., and M.C. Schmitt Trucking, Inc. v. James Stovall and Tracy Stovall

    Indiana Court of Appeals · Dec 26, 2012

    The court refused to allow the Trucking Company to ask Nurse Dispenza that question, stating that “[s]he’s not qualified to give that opinion.” Id. at 420. Dr. … A trial court abuses its discretion only if its decision is clearly against the logic and effect of the facts and circumstances before the court. Id.

    Cited 0 timesUnpublished
  • Ronald D. Hayes v. State of Indiana

    Indiana Court of Appeals · Sep 11, 2013

    Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be Sep 11 2013, 5:48 am regarded as precedent or cited before any court except for the purpose of establishing … An abuse of discretion occurs when the decision is clearly against the logic and effect of the facts and circumstances before the court. Id.

    Cited 0 timesUnpublished
  • Jordin C. Shoda v. State of Indiana

    Indiana Court of Appeals · Sep 9, 2019

    A trial court abuses its discretion if its decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted the law. … [47] The McClain court noted that, in order to qualify as a statement made to promote diagnosis or treatment, “there must be evidence that the declarant understood the professional’s role in order to trigger

    Cited 0 timesPublished
  • Louis Shepherd, Jr. v. State of Indiana

    Indiana Court of Appeals · Nov 14, 2013

    “Determining whether a statement constitutes an excited utterance is essentially a factual determination subject to a clearly erroneous standard of review, sometimes described as the functionally equivalent standard of … It is clear that she called Emily beyond the “one half-hour after the ‘startling event’” that the Court identified in Davenport as qualifying under the excited utterance exception “only under extreme and continuing stress

    Cited 0 timesUnpublished
  • Robert D. Bowen v. State of Indiana

    Indiana Court of Appeals · Feb 18, 2013

    Bowen claims that he qualified for appointed counsel because he was indigent, and the assets he had were not liquid and using them to obtain counsel could impose substantial hardship on himself and his family. … An abuse of discretion occurs if the decision is clearly against the logic and effect of the facts and circumstances before the court. Id.

    Cited 0 timesUnpublished
  • Martin Cenfetelli v. State of Indiana

    Indiana Court of Appeals · Oct 18, 2013

    If the Defendant fails to qualify for, or is rejected from Community Corrections for any reason or at any time, the Defendant shall serve the remaining balance on Community Corrections at the Department of … court may impose whatever sentences it deems appropriate except said sentences shall be served concurrently with 1 The State argues that Paragraph 6 does not directly address the available terms of probation, but it clearly

    Cited 0 timesUnpublished
  • Agustin Martinez v. State of Indiana

    Indiana Court of Appeals · Dec 5, 2012

    FILED Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any Dec 05 2012, 9:03 am court except for the purpose of establishing the defense of … R. 702(a), “[i]f 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,

    Cited 0 timesUnpublished
  • Scott W. Schwichtenberg v. State of Indiana

    Indiana Court of Appeals · Jun 25, 2012

    “To qualify as fundamental error, an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible.” Merritt v. State, 822 N.E.2d 642, 643 (Ind. Ct. App. 2005) (quoting Benson v. … We note that the fundamental error exception to the waiver ruler is an extremely narrow one that is available only when the record reveals clearly blatant 7 violations of

    Cited 0 timesUnpublished
  • Kamal El-Adnani v. State of Indiana

    Indiana Court of Appeals · May 30, 2012

    court may abuse its discretion by: (1) failing to enter a sentencing statement; (2) entering a sentencing statement that is not supported by the record; (3) entering a sentencing statement that omits reasons that are clearly … Each of these injuries qualifies as serious bodily injury. Ind. Code § 35-41-1-25. The State was only required to prove two separate types of serious bodily injury to sustain the instant convictions.

    Cited 0 timesUnpublished
  • Alan R. Kohlhaas, on behalf of himself and all others similarly situated v. Hidden Valley Lake Property Owners Association, Inc., and Robert A. Will, William Acra, Carl Adkins

    Indiana Court of Appeals · Jul 15, 2014

    The Defendants also asserted that the Board’s actions were immunized by the Nonprofit Corporations Act, and summary judgment was warranted on Dr. Kohlhaas’s claims against those serving on the Board. … Kohlhaas asserts that “[w]hile the Articles clearly provide that the Board has the authority to alter or amend the Rules, those Articles also require that they must take official action to do so” and that “[s]imply agreeing

    Cited 0 timesUnpublished
  • Willie J. Bailey v. State of Indiana

    Indiana Court of Appeals · Aug 16, 2019

    Evidence obtained without a warrant and in a circumstance that does not qualify as an exception to the warrant requirement is not admissible. Holloway, 69 N.E.3d at 930. … Bailey also argues the search warrant affidavit failed to establish a nexus between the Old Stone Address and suspected criminal activity.

    Cited 0 timesPublished

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