Case law

Le Roy v. State Commission for Reorganization of School Corp.

249 Ind. 383 · Indiana Supreme Court · Oct 31, 1967

The duties of the Commission are clearly set out in its organic statute, the pertinent parts of which read as follows: *391 Burns’ Ind. Anno. … This case clearly and definitely holds that resident taxpayers and voters of a county could maintain an action to determine the validity of *397 an act providing for the establishment and maintenance of a system of registration

Black v. Howard County Department of Child Services

896 N.E.2d 1 · Indiana Court of Appeals · Oct 31, 2008

An abuse of discretion occurs if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Carter v. … The trial court’s findings and conclusions will be set aside only if they are clearly erroneous. Id.

Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Admin. of the Indiana Patient's Compensation Fund v. Anonymous Clinic

63 N.E.3d 349 · Indiana Court of Appeals · Nov 7, 2016

The question is whether the negligence alleged against Defendants qualifies as “health care.” … Selection of preservative-free MPA clearly involved the practice of medicine.

City of Beech Grove v. Schmith

164 Ind. App. 536 · Indiana Court of Appeals · Jun 19, 1975

the plans submitted at trial, Schmith’s intention is to renovate the interior of the building, rearrange certain rooms, and add two more bathroom facilities. *539 On April 16, 1973, the trial court held that the property qualified … Since this was the deciding issue on the case, the trial court’s exclusionary ruling was clearly an abuse of discretion, and thus reversible error.

Smalley v. State

732 N.E.2d 1231 · Indiana Court of Appeals · Aug 8, 2000

Utilizing this definition of “delivery,” we believe the evidence clearly supports a finding that Smalley, at the least, organized Hodge’s transfer of cocaine to Thompson. … Smalley's brief repeatedly refers to Hodge as an “unknown female,” though her identity is clearly established in the record along with her arrest for dealing in cocaine at the same time as Smalley.

Alsheik v. Guerrero

956 N.E.2d 1115 · Indiana Court of Appeals · Oct 26, 2011

Alsheik failed to establish that Dr. … It was offered to show that the victim was a “nice looking and healthy chap” and to establish funeral expenses. Id.

Brook v. St. John's Hickey Memorial Hospital

269 Ind. 270 · Indiana Supreme Court · Sep 13, 1978

There is evidence that a qualified X-ray technologist was always present when Dr. Fischer made an injection of contrast medium into a patient prior to the taking of an X-ray. … “[E]ven where there is an established mode of treatment, the physician may be permitted to innovate somewhat if he can establish that, in his best judgment, this was for the benefit of his patient and where the established

Hite v. Biomet, Inc.

38 F. Supp. 2d 720 · District Court, N.D. Indiana · Mar 3, 1999

In the section 510 context, this approach requires that Hite establish a prima facie case of interference by demonstrating that she (1) belongs to the protected class; (2) was qualified for her job position; and (3) was discharged … The undisputed evidence shows that No-wak failed to meet his burden of establishing he was a ‘qualified individual with a disability’ at the time of his termination.

Terrease Nesbitt v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 20, 2020

Pettrie is still serving his sentence and his daughter is at least ten years old, and he was clearly unhappy about this. The Court finds that Mr. … the Court of Appeals of Indiana | Memorandum Decision 19A-PC-2515 | May 20, 2020 Page 4 of 9  time of the crime[s], that there could be no significant negative consequences, and that he would be immune

RAKES v. ROEDERER

District Court, S.D. Indiana · Jan 21, 2025

He asserts that allowing the litigation to proceed while the Petition for Writ of Certiorari is pending will "effectively eradicate the basic thrust of [his] qualified immunity defense." … If the Supreme Court affirms the Seventh Circuit's decision, it will provide important guidance on the state-created danger exception and on qualified immunity issues.

Jackson v. Smith

120 Ind. 520 · Indiana Supreme Court · Oct 31, 1889

It may well be that the courts will establish a lien and yet not adjudge that title was acquired under the sale upon an assessment. … If the appellant had asked *525 a qualified decree we should have a radically different case before us.

May v. Blinzinger

460 N.E.2d 546 · Indiana Court of Appeals · Mar 8, 1984

Rephrased, they are as follows: The AAA was promulgated by our legislature, in part, "to establish a uniform method of court review of all ... administrative adjudication." Ind.Code § 4-22-1-1. … While Thompson deals with administrative exhaustion prior to judicial review, it is clearly as applicable to situations involving the actual judicial review. Accord Warram v.

Browell v. Davidson

595 F. Supp. 2d 907 · District Court, N.D. Indiana · Jan 16, 2009

Clearly the officers were attempting to apprehend the likely armed Lile, a legitimate governmental interest, and not intending to harm Ms. Browell. … Lastly, Defendants have asserted that they are entitled to qualified immunity.

In Re Petitions to Transfer Appeals From Appellate Court to Supreme Court

202 Ind. 365 · Indiana Supreme Court · Jan 29, 1931

I am not ready to concede that any one of the three departments of government established by our state Constitution will so far forget itself as to intentionally exceed its constitutional authority by doing anything not clearly … There must have been a reason for this qualifying clause, which, to my mind, is clearly apparent.

In Re Bowling

116 B.R. 659 · United States Bankruptcy Court, S.D. Indiana · Jun 7, 1990

Bowling called her indicating a desire to repay the discharged debt in order to re-establish the Debtors’ credit. McLane said that they could do that. Later, when Mrs. … Fidelity would have loaned the new money if the Debtors qualified for the loan even if they did not pay the old loan. People who have discharged loans in bankruptcy are treated no differently than other customers. 4.

Banks v. State

157 Ind. 190 · Indiana Supreme Court · Jun 26, 1901

It was consequently the right of appellant to endeavor to explain or rebut' such intent upon any reasonable theory or claim, and the action of the court in excluding from the jury the evidence in dispute falls clearly within … In the first case last cited the defendant was indicted for larceny and the evidence established that he had borrowed the chattel alleged to have been stolen to take it to a certain place; that he had then gone to a different

Sims v. State

771 N.E.2d 734 · Indiana Court of Appeals · Jul 18, 2002

To qualify as fundamental error, an error must be so prejudicial to the rights of the defendants to make a fair trial impossible. Conner, 711 N.E.2d at 1246 . … Petitioner's burden before the post-conviction court was to establish the two elements of ineffective assistance of counsel separately as to both trial and appellate counsel. See id.

Thomson Inc. n/k/a Technicolor USA, Inc. v. Insurance Company of North America n/k/a Century Indemnity Company, and XL Insurance America

11 N.E.3d 982 · Indiana Court of Appeals · Jun 19, 2014

The injured party can establish some evidence that prejudice did not occur in the particular situation. … How does one “qualify” to be a “Named Insured?” The only logical answer is via the endorsements described.

Smock v. Coots

165 Ind. App. 474 · Indiana Court of Appeals · Aug 26, 1975

That Nichols and Wolfe are personally qualified to own and operate a package liquor store, but Coots is not; 2. … That Coots was personally qualified to hold a liquor store permit. 2 2.

Meinschein v. J. R. Short Milling Co.

157 Ind. App. 53 · Indiana Court of Appeals · Jul 19, 1973

subject matter, unless such law contains *56 an express provision indicating such intention, or unless the terms and provisions of such law are so comprehensive as to completely occupy the field of such subject matter, and clearly … profit corporation or organization located in any such city” are words of limitation expressing a legislative intent that such corporations or organizations are the only allowable lessees, as the city could lease to any qualified