Case law

McCullough v. Allen

449 N.E.2d 1168 · Indiana Court of Appeals · Jun 22, 1983

Tabor, supra, was clearly admissible to prove that at least one competent and reasonable attorney considered Linda's claim worthy of litigation. … qualified to give such testimony.

Concerned Citizens of West Boggs Lake v. West Boggs Sewer District, Inc.

810 N.E.2d 720 · Indiana Court of Appeals · Jun 16, 2004

It appears to the Commission that rendering of this type of service is more clearly not within the intent of the [...] CTA statute than the situation described in Merrillville. ... … The IURC also declared that: In paragraph 4 above, evidence establishing [the Utilities's] lawful ability to obtain a[ CTA] is identified.

John Collip, M.D. v. Vickie Ratts on behalf of Robert A.J. Ratts, and Little Creek Family Health Center, LLP

49 N.E.3d 607 · Indiana Court of Appeals · Dec 31, 2015

This result is clearly not what the General Assembly intended when it enacted this legislation. … them immune from the application of Indiana’s common law

Manor v. State ex rel. Stoltz

149 Ind. 310 · Indiana Supreme Court · Jan 26, 1898

The question is, do the facts entitle the relator to the warrant for the money in the county treasury belonging to the township, of which, as the facts apparently establish, he is the trustee? … Some other questions are argued by counsel for appellant, but these in effect are decided by the conclusions herein reached, and as the judgment is clearly right under the evidence, they merit no further consideration.

Ovidiu Ciceu v. Knox County Assessor

Indiana Tax Court · Oct 24, 2025

A party cannot make an argument for the first time in his reply brief; this has long been established practice in Indiana’s reviewing courts. State v. Marion Cir. … Stated another way, the Board found that the Assessor’s assessor-appraiser certification did not qualify him as an expert in generally accepted appraisal principles.

Barnard, Rec. v. Black

91 Ind. App. 283 · Indiana Court of Appeals · Jan 31, 1930

general deposits constitutes such a fraud as to impress such deposits with a constructive trust, and, if such deposits augment the assets of the bank, and can be traced into the hands of a receiver, a preferred claim will b.e established … Under the facts of this case, the law is so clearly with appellee, that we deem it unnecessary further to discuss the questions presented. Judgment affirmed.

Landes v. Walls

160 Ind. 216 · Indiana Supreme Court · Mar 11, 1903

The complaint sets out numerous matters that it is claimed were irregular in the enactment of said ordinance ' It is disclosed that appellants immediately qualified upon the making of said pretended appointment, and that … The authorities clearly establish that courts of equity will not interfere to determine questions concerning the appointment or election of public officers or their title to office. Markle v.

McLean v. State

638 N.E.2d 1344 · Indiana Court of Appeals · Sep 6, 1994

Once it is established that a photograph is an accurate depiction of that which it is intended to portray, its admissibility turns on the question of relevancy. … If there exists substantive evidence of probative value to establish every material element of an offense beyond a reasonable doubt, we will not disturb the convietion. Geans v.

Bennett v. Richmond

960 N.E.2d 782 · Indiana Supreme Court · Jan 31, 2012

McCabe had not had any specific “education or training relevant to determining the etiology of brain injuries,” Bennett, 932 N.E.2d at 709, he clearly demonstrated his knowledge of how a brain injury might result from the … The proponent of the expert testimony bears the burden of establishing the reliability of the scientific principles on which it is based. Kubsch, 784 N.E.2d at 921 (citation omitted).

State ex rel. McGuyer v. Huff

172 Ind. 1 · Indiana Supreme Court · Feb 19, 1909

show an agreement between relator and Armstrong by which some consideration was to move to relator, for resigning, in order that Armstrong might be appointed, it wholly failed, and the evidence is wholly insufficient to establish … This was unauthorized by, and unknown to, relator, and was clearly inadmissible against him upon any theory of the cause or of the law.

Lewis v. State

629 N.E.2d 934 · Indiana Court of Appeals · Mar 2, 1994

Furthermore, the prosecutor has the duty to voluntarily disclose any deals made with the State’s witnesses, such as promises, grants of immunity, and rewards offered in return for testimony. Id. … Clearly, a state may not sustain a conviction based upon testimony known to be perjured. Nor may the prosecution stand mute while testimony known to be false is received into evidence.

Martha Ferguson, Anthony Schmitt, Rebecca Schmitt, Mary Meadows, Christopher Schmitt, Rosemary Schmitt, Jerry Shillington, Christina Aleman, Steven Shillington v. Berton O'Bryan

Indiana Court of Appeals · Oct 15, 2013

Thus, because a beneficiary named in the will clearly satisfied the “known” requirement, he was permitted to proceed with a malpractice suit against the drafting attorney. … the Relatives were identified was not created until after the will was drafted, they clearly do not fall within this category.

Ferguson v. Ferguson

634 N.E.2d 506 · Indiana Court of Appeals · May 4, 1994

The court found that in rem jurisdiction was established in the state where the company issuing the stocks was located. … However, Jennings involved actual child support proceedings seeking an order of support, which clearly requires in personam jurisdiction.

Deal v. State

140 Ind. 354 · Indiana Supreme Court · Feb 26, 1895

State, 53 Ind. 420 , is the first case cited as establishing the contrary doctrine. … Very clearly it discredits the testimony of the appellant.

In the Matter of the Supervised Estate of Mildred Borgwald v. Old National Bank and Raelynn Pound

12 N.E.3d 252 · Indiana Court of Appeals · Jun 4, 2014

(Tr. pp. 131-32). 11  As this exchange clearly establishes, the Estate requested—as required to preserve the evidentiary ruling—to make an offer of proof with regard … Therefore, as Lana could not be qualified as a medical expert pursuant to Evid.

Pleska v. Zakutansky

459 N.E.2d 745 · Indiana Court of Appeals · Feb 15, 1984

Thus, the provision in Peter's Will regarding the payment of taxes does not clearly provide that the apportionment statutes do not apply. … Catherine argues that the award in this case exceeds the standards established in Mikesell v. Mikesell, supra.

Woodruff v. American Family Mutual Insurance

291 F.R.D. 239 · District Court, S.D. Indiana · Apr 22, 2013

The work product doctrine provides qualified immunity for materials prepared in anticipation of litigation by a party, an attorney, or other representative of the party. … When work product immunity does not serve such purpose, there should be no immunity despite what may best serve individual interests.” Id. at 616-17 .

Raymond v. Raymond

1 Indian Terr. 334 · Court Of Appeals Of Indian Territory · Oct 3, 1896

The authorities are nearly all to that effect, and it seems to be clearly established that no one but the United States can attack such judgment even in a direct proceeding. … In that case Stearn was naturalized, returned to Germany, and claimed the rights of citizenship and immunities of a citizen of the United States.

Duran v. Duran

585 N.E.2d 1373 · Indiana Court of Appeals · Feb 13, 1992

On January 27, 1986 Donald established an IRA with the Credit Union naming Children as the only beneficiaries. The Credit Union designated this account number 17192-03, IRA. … Clearly, Donald was the sole owner of the IRA and we reject Elnora’s argument to the contrary.

Matter of Adoption of TRM

525 N.E.2d 298 · Indiana Supreme Court · Jul 6, 1988

John Harris, Larry Salloway, and Irene Yankauskas qualified as expert witnesses. The three qualified experts testified that J.Q.' … Because of our determination that the evidence clearly demonstrated good cause to the contrary, we conclude that the adoptive placement preferences, including established tribal preferences, are not binding under the facts