Case law

Glenn Sciaraffa v. State of Indiana

28 N.E.3d 351 · Indiana Court of Appeals · Apr 7, 2015

The trial court’s decision must be clearly erroneous and against the logic and effect of the facts and circumstances before it constitutes an abuse of discretion. Id. … The Rule provides (a) A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or

Weiss v. Frick

693 N.E.2d 588 · Indiana Court of Appeals · Mar 31, 1998

On review of a modification of child support, the trial court’s judgment will be affirmed unless clearly erroneous, that is, unless it is clearly against the logic and effect of the facts and circumstances before the trial … Courts have a duty to provide an effective means for enforcing a support order or a parent could become immune from an order for support. Id. (quoting Gibson v. Bennett, 561 So.2d 565, 569 (Fla.1990), cited in Pettit v.

State ex rel. Yancey v. Hyde

13 L.R.A. 79 · Indiana Supreme Court · Jun 18, 1891

He qualified on the 11th day of the same month, and entered upon the discharge of the duties of the office/and has ever since continued to discharge such duties. … Under this appointment the appellee qualified and entered upon the discharge of the duties of said office.

State Farm Life Insurance Co. v. Fort Wayne National Bank

474 N.E.2d 524 · Indiana Court of Appeals · Feb 18, 1985

The statute clearly contemplates that corporate agents who transact business with one later deceased possess an interest adverse to the estate. … Since neither Houser nor Deutsch were qualified to testify concerning the memo, the trial court properly excluded its admission into evidence.

Indiana Department of Environmental Management v. Schnippel Construction, Inc.

778 N.E.2d 407 · Indiana Court of Appeals · Oct 28, 2002

This evidence, argued IDEM, established that the 260 linear feet threshold had been crossed. … inspector to conduct an inspection and a qualified asbestos removal contractor for the removal of RACM.

Myles v. City of Indianapolis

213 F. Supp. 2d 962 · District Court, S.D. Indiana · Jul 31, 2002

better qualified for the position at issue.” … It is clearly established by the evidence, however, that Ms. Beehler made the decision to select Ms. Devane and not Ms. Myles. Beehler Dep., pp. 14-15, 66; Cook Ans. to PL Interrog. No. 27. 5 .

Kapoor v. Dybwad

49 N.E.3d 108 · Indiana Court of Appeals · Dec 15, 2015

The above provisions clearly absolve WTB of dny duty to Plaintiffs to provide tax, legal, or financial advice. … , non-qualified, and flexible compensation programs for clients across the country.

MAYFIELD v. WIRE

District Court, S.D. Indiana · May 12, 2020

Immunity under the ITCA The ITCA provides immunity from suit for state employees for acts taken within the scope of their employment. Ind. Code § 34-13-3-5(b). … Because the ITCA does not provide immunity for false imprisonment claims, the defendants are not entitled to qualified immunity for his false imprisonment claims.

Murray v. Gault

179 Ind. 658 · Indiana Supreme Court · Apr 23, 1913

Mundy, supra, this court said: “While it is true that the rational and appropriate office of a proviso is to qualify and restrain the preceding clause in the section of which it is a part, unless it clearly appears that it … On the question of procedure for establishment of drains and sewers, generally, see 60 L. R. A. 161

Coon v. Cook

6 Ind. 268 · Indiana Supreme Court · May 31, 1855

.; and the Court having rendered an order to that effect, appointed the said Conrad Coon guardian of her person and estate, who was duly qualified. … The revision of 1843 was then in force, and its provisions relative to insane persons were clearly applicable.

City Chapel Evangelical Free Inc. v. City of South Bend Ex Rel. Department of Redevelopment

744 N.E.2d 443 · Indiana Supreme Court · Mar 29, 2001

The Constitution's Preamble expressly declares its purposes to be "that justice be established, public order maintained, and liberty perpetuated." … If City Chapel were thus able to establish that it qualified for the hybrid claim exeeption, South Bend's condemnation proceedings would survive City Chapel's First Amendment challenge only if South Bend satisfied the requirements

Moore v. University of Notre Dame

968 F. Supp. 1330 · District Court, N.D. Indiana · Jul 1, 1997

Qualified Privilege Defense Defendants assert that their comments are privileged and therefore protected. … It can now be stated that by virtue of these guarantees, a qualified privilege exists for all media expression. Fazekas, supra.

Moody v. State

448 N.E.2d 660 · Indiana Supreme Court · May 9, 1983

First appellant objects to Fazio's testimony on grounds he was not sufficiently qualified as an expert witness to testify regarding ballistics test results. … Appellant also claims the proper chain of custody was not established to permit the admission of the spent bullet.

Groves v. State

456 N.E.2d 720 · Indiana Supreme Court · Dec 13, 1983

On the other hand, a photograph sees in more detail, remembers more accurately and transmits its message more clearly than any human witness. Id. … In order for the photograph to qualify for admission as substantive evidence, its probative integrity had to be first established.

City of Hammond v. Conley

498 N.E.2d 48 · Indiana Court of Appeals · Oct 6, 1986

It is established that application of these provisions requires a request for payment, made prior to or concurrent with the employment. Palmer v. Stockberger (1963), 135 Ind.App. 263 , 193 N.E.2d 384, 388-889 . … App., 465 N.E.2d 1146 , rek. denied; In re Wardship of Turrin (1982), Ind.App., 486 N.E.2d 130 , or as a matter of statutory law in the area of governmental tort immunity. IND. CODE § 34-4-16.5-4; State, Dept. of Nat.

Swimming Turtle v. BD. OF CTY. COM'RS. OF MIAMI CTY.

441 F. Supp. 374 · District Court, N.D. Indiana · Aug 25, 1977

In re-enacting Article III of the Northwest Ordinance the First Congress clearly exercised its power under Article I, Section 8(3) of the Constitution of the United States. … The immunity conferred by Article III is not limited to Indian Tribes but may, in appropriate cases, apply to individual Indians as well. There is no strict need to show tribal relations.

David Hooker v. State of Indiana

120 N.E.3d 639 · Indiana Court of Appeals · Mar 21, 2019

Hooker contends that the post-conviction court’s conclusion is clearly erroneous. Because we disagree, we affirm. … is clearly erroneous

Doe v. Purdue University

District Court, N.D. Indiana · Sep 15, 2020

Qualified Immunity Defendants allege that Counts 4 and 5, brought against Rollock and Sermersheim in their individual capacities, are barred by the doctrine of qualified immunity. … established rights.

Indiana State Department of Public Welfare v. Foster

542 N.E.2d 234 · Indiana Court of Appeals · Aug 17, 1989

In order to qualify for Medicaid Foster had a resource limitation of $2250 or less. See 470 IAC 9.1-3-17(a). … However, IND.CODE 30-2-10-1 et seq. permits the establishment of a funeral trust with the money used to create the trust not counting against the financial resources of the applicant.

Cure v. Cure

767 N.E.2d 997 · Indiana Court of Appeals · May 14, 2002

Thus, we will disturb a trial court's support order only | when it is clearly erroneous.") … Young, 654 N.E.2d 880, 883 (Ind.Ct.App.1995) 4 Emancipation of a child cannot be presumed; it must be established by competent evidence. Id.