Case law

Javon Crockett-Berry v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 19, 2015

Moffitt agreed to discuss the case on the condition that he be given immunity. … This would run counter to the balancing scheme established by Rule 403.

Kevin D. Speer v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 6, 2017

Even if Speer’s trial counsel was deficient in failing to inform the jury of Ferguson’s and Carnahan’s use immunity and the dropped charges against Ferguson, Speer has failed to establish that he was … [24] We conclude that Speer has failed to establish that this issue has any merit, much less that it is clearly stronger than the issues his appellate counsel did raise.

Bradley Burgess v. The Board of Zoning Appeals for the Town of Utica, Indiana

Indiana Court of Appeals · Sep 9, 2025

Utica also established a tax increment financing allocation area (“the TIF”). … Therefore, the trial court clearly erred when it found that Burgess had timely filed his petition for judicial review.

Lowes v. Lowes

650 N.E.2d 1171 · Indiana Court of Appeals · May 25, 1995

An abuse of discretion occurs if the trial court's decision is clearly against the logic and effect of the facts and cireum-stances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom … A former spouse should not be relieved entirely of his maintenance obligation only to qualify the disabled spouse for Medicaid, any more than a noncustodial parent should be relieved of his child support obligation to qualify

Atterholt v. Robinson

872 N.E.2d 633 · Indiana Court of Appeals · Aug 22, 2007

Findings of fact are clearly erroneous when the record lacks any reasonable inference from the evidence to support them and the judgment is clearly erroneous if it is unsupported by the findings and conclusions thereon. … Because the MMA establishes the Fund’s liability if the healthcare provider settles with the plaintiff, Dillon held that it necessarily follows that proximate cause is also established. Id. at 974.

Ross v. State

665 N.E.2d 599 · Indiana Court of Appeals · May 13, 1996

Tahir was eminently qualified to testify as an expert in the field of DNA testing. … An abuse of discretion occurs if the trial court's decision is clearly against the logic and effect of the facts and cireumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom

Parkhurst v. Van Winkle

786 N.E.2d 1159 · Indiana Court of Appeals · Apr 24, 2003

Hyten, 772 N.E.2d 993, 997 (Ind.2002): The very first step in statutory interpretation is to determine whether the legislature has spoken clearly and unambiguously on the point in question. … First, the enumerated acts set forth in subsections (1) through (8) must be committed by a faomily or household member to qualify as "domestic or family violence."

Thomas P. Donovan v. Hoosier Park, LLC d/b/a Hoosier Park, Racing & Casino, Centaur, Inc., Hoosier Park, L.P., Centaur Holdings, LLC, and Terrance Sollars

84 N.E.3d 1198 · Indiana Court of Appeals · Sep 26, 2017

Statutory Immunity [23] The Indiana Tort Claims Act (“ITCA”) provides governmental entities, or governmental employees acting within the scope of the employee’s employment, immunity from liability for … [29] Similarly, battery falls within the statutory immunity of ITCA.

Stacey H. Young v, Michael A. Young (mem. dec.)

Indiana Court of Appeals · Dec 29, 2017

The primary issue mediated by PC Durnell focused on the Child’s immunizations. As a chiropractor, Mother “has long been opposed to immunizations.” (Appellant’s App. Vol. II, p. 69). … Father was responsible for taking the Child to the immunization appointments, while Mother would be permitted to attend.

Wells v. Bernitt

936 N.E.2d 1242 · Indiana Court of Appeals · Nov 10, 2010

A qualified privilege, the common interest privilege, serves to protect statements made in good faith on any subject matter in which the party making the statements has an interest or in reference to which he has a duty, … The trial court also determined that Wells' defamation claim fails because the Bernitts established that their statements were substantially true and were protected by a qualified privilege that protects "communications made

Department of Financial Institutions, State of Indiana v. Michael Massey

20 N.E.3d 853 · Indiana Court of Appeals · Sep 8, 2014

The ALJ found that the DFI had correctly concluded that Massey’s armed robbery conviction qualified as a crime of dishonesty. … seeking judicial relief 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

Theresa England v. Steven R. Siebe

Indiana Court of Appeals · Dec 4, 2024

This Court should nullify a statute on constitutional grounds only where such result is clearly rational and necessary. Sims v. U.S. Fid. & Guar. … Accordingly, we conclude that England’s argument under the Equal Privileges and Immunities Clause is not properly before us.

In Re Adoption of DC

928 N.E.2d 602 · Indiana Court of Appeals · Jun 9, 2010

We will set aside the findings or judgment only if they are clearly erroneous. Id. … There is no evidence of an allotment or garnishment established to benefit D.C.

Mario Deon Watkins v. State of Indiana

67 N.E.3d 1092 · Indiana Court of Appeals · Jan 6, 2017

Indeed, the Indiana Constitution was adopted to the end that “justice be established, public order maintained, and liberty - perpetuated.” Ind. Const, preamble. … Bolin, 795 F.3d 726 (7th Cir.2015) (police officers are not shielded from liability by qualified immunity when their execution of a search warrant was unreasonable), cer t. denied — U.S. —, 136 S.Ct. 1162 , 194 L.Ed.2d 175

Quadir Quiroz v. State of Indiana

Indiana Court of Appeals · Jul 23, 2025

The State responded by granting him use immunity. … Here, the State clearly established that Logan did not remember or professed not to remember the material portion of the subject matter of his statement and that Logan’s silence was brought about by

J.C. v. J.C.

928 N.E.2d 602 · Indiana Court of Appeals · Jun 9, 2010

We will set aside the findings or judgment only if they are clearly erroncous. Id. … There is no evidence of an allotment or garnishment established to benefit D.C.

Palmer v. Comprehensive Neurologic Services, P.C.

864 N.E.2d 1093 · Indiana Court of Appeals · Apr 20, 2007

Palmer again and placed him on Betaseron, a drug used to treat multiple sclerosis which modulates or suppresses the immune system. On July 6, 2000, at approximately 7:00 *1096 p.m., Mr. … completed as to the qualified health care providers.

In Re Creation of Conservancy Dist.

875 N.E.2d 222 · Indiana Court of Appeals · Oct 22, 2007

Crist did not file a motion seeking discretionary review with the Supreme Court pursuant to Rule 56, and this case does not qualify for mandatory Supreme Court review pursuant to Rule 4(A)(1). … While we agree that Indiana Code section 14-33-2-28 clearly states that an appellant can appeal the trial court's order establishing a conservancy district directly to our Supreme Court, Rule 5(A) trumps that statute and

Chaunsey L. Fox v. State of Indiana

997 N.E.2d 384 · Indiana Court of Appeals · Oct 28, 2013

By statute, a defendant may only file a motion to dismiss on grounds of immunity “before or during trial.” Ind. Code § 35-34-1-4(b). … We conclude that Fox has failed to establish judicial bias and prejudice, and he was not placed in jeopardy. III.

Beeson v. Christian

583 N.E.2d 783 · Indiana Court of Appeals · Dec 31, 1991

In response, Father filed his Petition For Change of Child's Primary Residence and Establish ment of Visitation Privileges. … Father argues the witness did not have "firsthand knowledge" necessary to qualify as an expert because she had never met nor talked to Father or Father's current wife.