Case law

Nooe v. Bradley

3 Blackf. 158 · Indiana Supreme Court · Dec 18, 1832

It is qualified and restricted to the filling of vacancies. … Harnden, 1 Paine’s R. 55, are a few of the many adjudications that establish all proceedings to be void, which are beyond the jurisdiction of a Court.

Burton v. State

462 N.E.2d 207 · Indiana Supreme Court · Apr 24, 1984

The only other witness who testified about the truck’s identification was Officer White who qualified as an expert witness. … An examination of the totality of the evidence in the present case clearly indicates that the balancing of interests is clearly wanting. There is a patent imbalance to Appellant’s detriment.

Roberts v. Hochstetler

592 F. Supp. 703 · District Court, N.D. Indiana · Sep 12, 1983

Qualified good faith immunity is available to police officers acting in their official capacities. Pierson v. Ray, 386 U.S. 547 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967). See also Procunier v. … Public officials acting in their official capacities “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Grubbs v. United States

581 F. Supp. 536 · District Court, N.D. Indiana · Feb 29, 1984

This is most clearly illustrated in Government’s Exhibit Number 4, “Mayo Clinic Proceedings”, dated November of 1975. … The evidence clearly demonstrates that it is not such a case.

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

COLEMAN v. BENSHIEMER

District Court, S.D. Indiana · Jun 25, 2020

Qualified immunity from suit under § 1983 is founded on the principle that government employees should not be held personally liable "insofar as their conduct does not violate clearly established statutory or … Application of qualified immunity has two prongs, (1) whether the plaintiff suffered the deprivation of a constitutional right and, if so, (2) whether the right was clearly established at the time of the alleged conduct

Indiana Department of State Revenue, Inheritance Tax Division v. Estate of Baldwin

652 N.E.2d 124 · Indiana Tax Court · Jun 23, 1995

The Department maintains that Baldwin's transfer is clearly in contemplation of death. … The Medicaid program, established by Congress in 1965, provides medical assistance to persons who are unable to meet the expenses of health care. See 42 U.S.C. § 1396 et seq.; Harris v.

Whatley v. State

928 N.E.2d 202 · Indiana Supreme Court · Jun 8, 2010

Whether RCC qualifies as a "youth program center" for the purpose of triggering the elevation to a Class A felony is the central issue of this appeal. … Whatley himself, "in the interest of candor, concede[s] that the Robinson Community Church does offer activities for children [and] [this was clearly established at trial and cannot reasonably be disputed."

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

Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.

970 N.E.2d 633 · Indiana Supreme Court · Jun 25, 2012

Code § 32-30-1-5 (2004).5 Parsing the statute’s plain language indicates that a defendant is entitled to immunity un- der the statute only if four criteria are established. … Indi- ana trial courts may establish local rules for their own governance as long as the local rules do not conflict with the rules established by this Court or by statute. Ind.

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.

State ex rel. Hargrave v. Reitz

62 Ind. 159 · Indiana Supreme Court · May 15, 1878

In section 38 of the act to establish courts of common pleas, 2 R. … The doctrine of the case last cited is clearly right, and is decisive of the case at bar. Section 3 of the salary act of March 10th, 1873, is constitutional and valid in all its provisions.

Sears Roebuck and Co. v. Manuilov

742 N.E.2d 453 · Indiana Supreme Court · Jan 23, 2001

The medical testimony was presented from clearly qualified expert witnesses as to matters that assisted the jury. The trial court did not abuse this discretion when it admitted the causation testimony of Dr. … Blinder was not qualified to render a vocational opinion, the trial court did not err.

Wallace v. State

426 N.E.2d 34 · Indiana Supreme Court · Sep 30, 1981

The statute further provides that in no case shall any of the instructions be orally qualified, modified, or in any manner orally explained to the jury. … The defendant asserts that, it having been established that Johnson’s testimony was not vital in either trial, it was clearly contrary to the public interest to compel the testimony.

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."

Michael Ackerman v. State of Indiana

51 N.E.3d 171 · Indiana Supreme Court · Apr 5, 2016

[T]here is not a third category of witnesses, helpful to the prosecution, but somehow immune from confrontation.” Id. at 313-14. 22 “indicia of solemnity.” … Eisele was a legally qualified physician, and he performed the autopsy in question on W.W. (Tr. Exhib. at 25.) Dr.

State ex rel. McGregor v. Cooprider

96 Ind. 279 · Indiana Supreme Court · Jun 18, 1884

We are of opinion that the court clearly erred in sustaining the appellee’s demurrer to each paragraph of the alternative writ of mandate. … It was shown by the relator, in each paragraph of the alternative writ, that he had established the validity of his claim against Harrison School Township, of which township the appellee was the trustee, by the judgment of

VanDalsen v. Roswarksi

District Court, N.D. Indiana · Jul 8, 2024

And if she did, the defendants would be entitled to qualified immunity on her claim, because any such right was not clearly established at the time of the alleged violations. … established,” such that the defendants could be held liable for money damages under the doctrine of qualified immunity.

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.