Case law

Hubbard v. State

849 N.E.2d 1165 · Indiana Court of Appeals · Jun 29, 2006

The right of privacy is not absolute, but is immune only from unjustified government interference. Carey v. Pop. Serv., Intern’l, 431 U.S. 678, 687 , 97 S.Ct. 2010 , 52 L.Ed.2d 675 (1977). … Moreover, Hubbard has failed to establish that the Sexual Misconduct Statute is unconstitutional. Affirmed. BAKER, J., and NAJAM, J., concur. 1 . Ind.Code § 35-44-1-5 ("the Sexual Misconduct Statute”). 2 .

Lynch v. Holy Name Church

133 Ind. App. 492 · Indiana Court of Appeals · Jan 26, 1962

Appellant’s argument here on appeal is based solely upon the question of whether appellees are immune from liability as a charitable organization. … A close examination, of the above quoted amended complaint clearly demonstrates that there is an omission of one of the essential elements of actionable negligence.

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

Indiana Court of Appeals · Dec 21, 2020

shall not be FILED regarded as precedent or cited before any Dec 21 2020, 10:00 am court except for the purpose of establishing … We cannot conclude her commitment to the DOC violates the privileges and immunities clause of our constitution.

Baseball, Inc. v. Indiana Department of State Revenue

672 N.E.2d 1368 · Indiana Court of Appeals · Nov 20, 1996

The purpose of the hearing is to clearly establish the taxpayer's specific objections to the assessment and the reasoning for these objections. The hearing is not governed by any rules of evidence. … Rather, the record clearly reveals the hearing officer additionally determined Baseball was not a qualified organization because Baseball "produced no other documentation to support their continuous existence for five (5)

In Re Guardianship of JK

862 N.E.2d 686 · Indiana Court of Appeals · Mar 12, 2007

s] interests are best served by placement with the [Kindreds] is clearly and convincingly overcome by evidence proving that [J.K.' … We conclude that the trial court's termination of the guardianship is not clearly erroneous.

Stoffel v. Daniels

908 N.E.2d 1260 · Indiana Court of Appeals · Jul 13, 2009

"Every statute stands before us clothed with the presumption of constitutionality until clearly overcome by a contrary showing." Boehm v. Town of St. John, 675 N.E.2d 318, 321 (Ind.1996). … When the elective term ends and no qualified person has been elected and qualified to take over the duties of the office, the person holding the office at the end of the elective term has a right and duty, commanded by Art

The Estate of Richard A. Mayer, and Spangler, Jennings & Dougherty v. Lax, Inc., and David Lasco

998 N.E.2d 238 · Indiana Court of Appeals · Oct 7, 2013

Still, the Shortridge court clearly deemed it appropriate to rely heavily upon Wong in establishing the parameters of an abuse of process claim. 32 provide no analysis as … Instead, we believe the court clearly intended to establish a general rule that punitive damages are not recoverable from the estate of a deceased tortfeasor, with the only possible exception being if the tortfeasor committed

Vann v. United Farm Family Mutual Insurance Co.

790 N.E.2d 497 · Indiana Court of Appeals · Jun 19, 2003

The fact that parties disagree as to the interpretation of the policy does not establish an ambiguity. Id. at 1183 . … Specifically, the truck Upchurch was driving qualifies as a “motor vehicle” under paragraph one of the Policy’s definition.

Hoffman v. Roberto

578 N.E.2d 701 · Indiana Court of Appeals · Sep 23, 1991

The qualified privilege attached in the present case. … Onee it is established that the qualified privilege was in place, it must be determined whether a genuine issue of material fact exists as to whether the statements were made with actual malice. Id. 354 N.W.2d at 291 .

METROPOLITAN SCHOOL DIST. SW ALLEN CTY. v. Allen County

753 N.E.2d 59 · Indiana Court of Appeals · Aug 6, 2001

A trial court may vacate or reverse an agency's decision only if the evidence, when viewed as a whole, demonstrates that the conclusions reached by the agency are clearly erroncous. City of Indianapolis v. … The parties concede and the Court finds that the students are developmentally disabled, qualified for Medicaid, are supported by, cared for by, and living with some other person without ability to pay transfer tuition. 6.

Indiana Civil Rights Commission v. Delaware County Circuit Court

642 N.E.2d 541 · Indiana Court of Appeals · Nov 17, 1994

On August 31, 1987, after the time for filing objections expired and prior to the issuance of its findings, the Commission denied the appellee's motion, finding that the appellee failed to establish just cause for an extension … Salais and the Commission raise additional issues concerning judicial immunity and the identity of the proper parties to the lawsuit.

Harkness v. Hall

684 N.E.2d 1156 · Indiana Court of Appeals · Aug 28, 1997

The law has long been "well established" that in Indiana a governmental entity is bound to exercise reasonable care and diligence to keep its highways in a reasonably safe condition for travel. Walton v. … Because the Harknesses' accident occurred in 1994, Orange County is clearly insulated from liability concerning any allegations of the original design of the bridge.

Newby v. Newby

734 N.E.2d 663 · Indiana Court of Appeals · Aug 30, 2000

The findings are clearly erroneous only when a review of the record leaves us convinced that a mistake has been made. Id. … As to the second factor, the evidence established that Husband brought into the marriage 99.2% and Wife .8% of their marital estate at the time of the marriage.

Hoovler v. State

689 N.E.2d 738 · Indiana Court of Appeals · Dec 17, 1997

All doubts are resolved against a challenger who must overcome that presumption by “clearly demonstrating the provision to be invalid.” Hoovler I, 668 N.E.2d at 1232 . I. … ARTICLE I, SECTION 23: EQUAL PRIVILEGES AND IMMUNITIES Article I, Section 23 of the Indiana Constitution provides: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which

Randy L. Thornton v. State of Indiana, Indiana Department of Corrections, Marion County, Indiana, Matthew Pietrzak, Stephanie Buttz, Eric Lee, Dianna Johnson (mem. dec.)

Indiana Court of Appeals · Aug 14, 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. … governmental employees: A lawsuit filed against an employee personally must allege that an act or omission of the employee that causes a loss is: (1) criminal; (2) clearly

Burkett v. State

691 N.E.2d 1241 · Indiana Court of Appeals · Feb 13, 1998

Findings of fact are clearly erroneous when the record lacks any facts or reasonable inferences to support them. Id. … Rather, possible means by which reliability may be established include judicial notice or sufficient foundation to convince the trial court that the relevant scientific principles are reliable. Id. at 1290 .

Lincoln National Bank v. Review Board of Indiana Employment Security Division

446 N.E.2d 1337 · Indiana Court of Appeals · Mar 30, 1983

The qualifying language, "with respect to which," broadens the scope of a particular week's deductible pension income to include more than merely the payments actually received. … to the experience account of the same employer who has contributed to the pension fund established for and on behalf of such individual.

Posey County v. Chamness

438 N.E.2d 1041 · Indiana Court of Appeals · Aug 24, 1982

We also agree that there is no established or set method of impeaching a witness. … Posey asserts that the verdict is clearly excessive in light of the small amount of special damages: $324 in hospital and doctor bills and $581 for treatment by a clinical psychologist.

Norman A. Boerger Insurance, Inc. v. Indiana Employment Security Board

158 Ind. App. 154 · Indiana Court of Appeals · Oct 17, 1973

Boerger’s services qualify as employment under the Employment Security Act? 1 Our opinion concludes that Norman A. Boerger Insurance, Inc. did not carry its burden of proof and establish by the evidence that Norman A. … The manner of remuneration coupled with the factual independence from control clearly established him as an independent contractor. None of the evidence or reasonable inferences available in News Publishing Co. V.

Security Trust Corp. v. Estate of Fisher Ex Rel. Roy

797 N.E.2d 789 · Indiana Court of Appeals · Oct 16, 2003

We then analyzed the viatical settlement contract under the test established in Securities and Exchange Commission v. W.J. Howey Co., 328 U.S. 293, 301 , 66 S.Ct. 1100 , 90 L.Ed. 1244 (1946). Id. at 1195. … "Such an amendment raises the presumption that the legislature intended to change the law unless it clearly appears that the amendment was passed in order to express the original intent more clearly." Id.