Case law

Jennings v. State

723 N.E.2d 970 · Indiana Court of Appeals · Feb 22, 2000

Reversal is appropriate only where the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Roeder v. State, 696 N.E.2d 62, 64 (Ind.Ct.App.1998). … In this instance, the profile report qualifies as a business record properly admitted under the business records exception to hearsay.

Wilkins v. Newkirk, Trustee

85 Ind. App. 663 · Indiana Court of Appeals · Mar 11, 1927

Appellee Newkirk, is and since January, 1923, has at all times been the properly qualified and acting trustee, and appellees Rhea, Kantz and Vincent, have at all times for the same period been the properly qualified and acting … E. 867 : “The statute under consideration clearly leaves it to the advisory board to determine whether an emergency exists to issue bonds for a new schoolhouse, and, of course, the courts could not decide that question.”

Morrison v. State

542 N.E.2d 564 · Indiana Court of Appeals · Aug 17, 1989

Also, Judge Trautman, having previously disqualified herself, was not qualified to reassume jurisdiction. … Burton's knowledge or his expertise in discerning virginity, his testimony clearly regards the past sexual conduct of the victim, which, as discussed above, is barred by the rape shield statute. *572 Accordingly, Defendant

Hawkins v. State

219 Ind. 116 · Indiana Supreme Court · Nov 5, 1941

The next three questions in varying language all ask the same thing in substance, whether she was promised immunity from a murder charge if she would testify in this case. … doubt, to make its own case in its own way; and the evidence may be very valuable in illustrating or establishing other material facts.

Ross v. State

9 Ind. App. 35 · Indiana Court of Appeals · Jan 11, 1894

And so, if we should grant that the use of the word “avocation” in the statute under construction, even in connection with the qualifying word “usual,” is not authorized by lexicographers or good writers, in the sense in … It is further contended, however, that the evidence falls far short of establishing the charge in the particular last mentioned.

Indiana Republican State Committee v. Slaymaker

614 N.E.2d 981 · Indiana Court of Appeals · Jun 8, 1993

The constitutionality of this public funding scheme was established in Libertarian Party of Indiana v. Packard (7th (7th Cir.1984), 741 F.2d 981 , and is not at issue here. … Clearly, however, neither IND.CODE 9-18-15 nor IND.CODE 4-13-2-9(b) anticipated the situation confronting us today, in which the intended recipient of the PLP funds refused to accept them and returned them to the State; for

Richard Brown v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 29, 2019

The prosecutor stated that, in addition to scientific knowledge, a person can qualify as an expert based upon technical skills or specialized knowledge. … Brown asked to approach, and the court stated in part “[h]e is a technician,” “he is not an expert on sound,” “[h]e’s simply qualified as the person who knows how to run it,” and “he’s certainly qualified

Renaissance Associates I L.P. v. City Of Hammond, Indiana

Indiana Court of Appeals · Mar 2, 2026

[25] Hammond responded to Renaissance’s motion by asserting immunity from liability under the common law and ITCA. … As in Armour, the administrative expenses in determining who qualified for the refunds would be high.

Burnett, Admr. v. Kumler, Rec.

98 Ind. App. 635 · Indiana Court of Appeals · May 16, 1934

Sibert, its president, qualified and entered upon the performance of its duties as executor on the same date. … When the First State Bank of Kewanna qualified as executor and took possession of the assets of the estate of Catherine Murray, deceased, it thereby established the relation between itself and the estate of trustee and cestui

Terre Haute Trust Co. v. Scott, Rec.

94 Ind. App. 461 · Indiana Court of Appeals · Jun 3, 1932

as executor of said will, and also as trustee thereunder, and is now the duly qualified and acting trustee under said will. … This clearly appears, but the transactions are not to be tested in this way unless the statute has abrogated the rule; for, in any given case where there was no statute, it might easily and conclusively be made to appear

Hughes v. State

481 N.E.2d 135 · Indiana Court of Appeals · Jul 30, 1985

The basis of the motion at trial was hearsay, but here Hughes argues that Manley was not qualified as an expert. … Breathalyzer tests are clearly admissible. Had objection been made to the lack of a proper foundation in this case, such foundation could then have been supplied.

Nicklasch v. JLG Industries, Inc.

193 F.R.D. 570 · District Court, S.D. Indiana · Dec 20, 1999

I conclude, therefore, that JLG has failed in its burden to establish that the incident reports are work product. 3 JLG argues that the incident reports are not relevant to — or, more precisely, that the plaintiffs have failed … Whether the parties may enter into an enforceable private agreement restricting access to the incident reports is not clearly answered by the Court of Appeals in Citizens First National Bank.

Swami, Inc. v. Lee

841 N.E.2d 1173 · Indiana Court of Appeals · Feb 8, 2006

In Atkins, we affirmed the grant of equitable relief not merely because Niermeier had relied on misinformation from a government officer but because the property had not been redeemed by a qualified person and, thus, the … But where substantial justice can be ac *1179 complished by following the law, and the parties' actions are clearly governed by rules of law, equity follows the law. Id.

Wright v. Nipple

92 Ind. 310 · Indiana Supreme Court · Dec 21, 1883

This instruction refers to circumstances established by the proof. If they, unexplained, clearly indicate that the transaction is fraudulent, the jury may draw the inference. … The omission to thus qualify the first proposition rendered the whole wrong, and it was therefore property overruled.

Hooser v. Baltimore & Ohio Railroad

177 F. Supp. 186 · District Court, S.D. Indiana · Sep 24, 1959

In either instance, Rule 55 clearly states that if the employee fails to make his request with the proper officer within the prescribed period, “the request shall be barred.” Mr. Charles R. … Nevertheless, the court observes that as far as these three plaintiffs are concerned, the present claim (attempting to invalidate a part of the same dismissal) is clearly an after-thought inspired by the decision in Smith

State Ex Rel. Bodine v. Elkhart County Election Board

466 N.E.2d 773 · Indiana Court of Appeals · Aug 9, 1984

Finally, appellants contend that a sufficient factual basis establishes a waiver or estoppel Of the 15-day time limit for bringing mandamus proceedings. … The Indiana statutes dealing with election recounts, contests, and mandamus proceedings clearly fall into the class of laws referred to as "nonclaim statutes."

Indiana Insurance Company v. Patricia Kopetsky, and KB Home Indiana Inc.

11 N.E.3d 508 · Indiana Court of Appeals · Jun 4, 2014

Indiana Insurance argues that there is no evidence to establish that it dealt with George and Patricia in bad faith. … While we agree with Patricia on the merits of this issue, this does not establish conscious wrongdoing on Indiana Insurance’s part. B.

Wright v. City of Gary

963 N.E.2d 637 · Indiana Court of Appeals · Mar 15, 2012

Gardner determined that she was fully qualified for the GFCSC’s administrative assistant position. … diminish that policy as the GFCSC’s chairman determined that Wright was fully qualified for the position.

Bret Lee Sisson v. State of Indiana

985 N.E.2d 1 · Indiana Court of Appeals · Dec 5, 2012

Evidence was also presented that Sturdivant was initially uncooperative with police and that he had been granted immunity for his testimony. … Thus, the motion was clearly untimely under Crim. R. 12(D)(1).

Eric Byrd v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 23, 2016

Appellate Rule 65(D), and Tax Court 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 … An abuse of discretion occurs when the court’s decision is clearly against the logic and effect of the facts and circumstances. Prewitt, 878 N.E.2d at 188.