Case law

Leitch v. State

736 N.E.2d 1284 · Indiana Court of Appeals · Oct 30, 2000

After deciding to investigate this infraction, Reynolds activated his lights and followed the car into the lot of a car, wash establishment. … There, the Supreme Court specifically said that it was [not] inclined ... to qualify the breadth of the general authority to search incident to a lawful custodial arrest on an assumption that persons arrested for the offense

Jennifer Spivey v. Charles Spivey (mem. dec.)

Indiana Court of Appeals · Dec 16, 2020

FILED this Memorandum Decision shall not be regarded as precedent or cited before any Dec 16 2020, 9:50 am court except for the purpose of establishing … “A trial court abuses its discretion only when its decision is clearly against the logic and effect of the facts and circumstances before the court.” Id.

Hay v. State

178 Ind. 478 · Indiana Supreme Court · May 28, 1912

While it should not be held that the word “strong”, used in the act to qualify “corroborating circumstances”, is without force or meaning, and is not binding on the consciences of jurors, we think that the finding of the … The Attorney-General insists that this statute is applicable here, and the judgment should be af *485 firmed, because defendant’s own testimony, fairly considered, establishes his guilt as charged.

Paternity of K.I. ex rel. J.I. v. J.H.

903 N.E.2d 453 · Indiana Supreme Court · Mar 25, 2009

A judgment is also clearly erroneous when the trial court applies the wrong legal standard to properly found facts. Id. Discussion L. … More specifically, even assuming J.I. qualifies as a de facto custodian 7 that status bears only on the question of custody.

King v. State

73 Ind. Dec. 84 · Indiana Court of Appeals · Dec 17, 1979

the prosecuting attorney is an interested party, or otherwise clearly incapacitated, the court may appoint an attorney to represent the interests of the state. … State (1975), 163 Ind.App. 413 , 324 N.E.2d 270 (witness not required to be a chemist to qualify to identify marijuana).

Board of Comm'rs of Lagrange Co. v. Rogers

55 Ind. 297 · Indiana Supreme Court · Nov 15, 1876

personal property of the value of ten thousand dollars; that said will has been duly probated, and letters of administration issued to the defendants Nelson and Howard, who are named as executors in the will, and who have qualified … The opinions in both the above cases, delivered by IIowk, J., settle every point made in the present casé so clearly, that it would be pretentious in us to attempt to add to, in the hopes of strengthening, them.

Mosley v. Board of Commissioners

200 Ind. 515 · Indiana Supreme Court · Feb 19, 1929

Some of the other cases cited relate to courts the judges of which must be elected, as clearly stated in the Constitution. These authorities do not convince us that the judges of the municipal court must be elected. … This provision is general and of uniform operation as to all municipal courts which may be established under the act.

HH-Indianapolis LLC v. Consolidated City of Indianapolis/Marion County

265 F. Supp. 3d 873 · District Court, S.D. Indiana · Sep 22, 2017

The Indianapolis Department of Business and Neighborhood Services (DBNS) determined that, based on its invéntory as well as its intentions, the Store would qualify as an adult entertainment business. … Hyde, 665 F.3d 860 (7th Cir. 2011) (on appeal from denial of qualified immunity), for the proposition that “a First Amendment as-applied claim lies when there is an application of an otherwise neutral ordinance to, squelch

Sharp v. Catron

142 Ind. App. 304 · Indiana Court of Appeals · Mar 4, 1968

A special judge was selected, qualified and assumed jurisdiction, on the matter of the Determination of Heirship. … The appellants argue that this change clearly indicates the intention of the Legislature in the Act 1953, supra, by passing the Act of 1965, supra, containing language which embodies the construction urged by appellants.

Twin City Realty Corp. v. Clay Utilities, Inc.

146 Ind. App. 629 · Indiana Court of Appeals · Apr 27, 1970

We are neither technically qualified to assess the myriad factors and considerations required for the establishment of utility rates nor do we have the time to do so. … administered by a body composed of a personnel especially qualified by knowledge, training and experience pertaining to the subject-matter committed to it * * *”.

Indiana Forge & MacHine Co. v. Northern Indiana Public Service Co.

72 Ind. Dec. 490 · Indiana Court of Appeals · Nov 15, 1979

Shevin (1972), 407 U.S. 67 , 92 S.Ct. 1983 , 32 L.Ed.2d 556 to point out that not all summary action is immune to due process challenge. … Here the petitions were heard ex parte and the Commission clearly elected to forego any cross examination.

Marriage of R.E.G. v. L.M.G.

571 N.E.2d 298 · Indiana Court of Appeals · May 14, 1991

The trial court awarded the wife 60% of the marital estate finding that the husband's homosexual relationships may have placed the wife at risk for developing Acquired Immune Deficiency Syndrome [AIDS]. … Clearly the facts before this Court make this an egregious case.

Ruth v. State

462 N.E.2d 269 · Indiana Court of Appeals · Apr 25, 1984

When based on hearsay, the affidavit shall contain reliable information establishing the credibility of the source and of each of the de-clarants of the hearsay and establishing that there is a factual basis for the information … Due to the fact that the affidavit contains only the affiant’s and informant’s conclusions and lacks the information necessary to qualify the hearsay statements for consideration, the affidavit clearly did not state probable

Kent v. State

675 N.E.2d 332 · Indiana Supreme Court · Dec 31, 1996

This was clearly inappropriate. … The determination of whether a witness is qualified to give an opinion is within the trial court’s discretion. Hawkins v. State, 626 N.E.2d 436, 441 (Ind.1993).

Indiana Ass'n of Beverage Retailers, Inc. v. Indiana Alcohol & Tobacco Commission

945 N.E.2d 187 · Indiana Court of Appeals · Mar 3, 2011

The trial court’s judgment will be reversed only when clearly erroneous. Findings of fact are clearly erroneous when the record lacks evidence or reasonable inferences from the evidence to support them. … A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made.

Art Hill Ford, Inc. v. Callender

423 N.E.2d 601 · Indiana Supreme Court · Jul 24, 1981

This Court has clearly stated that while punitive damages are not generally recoverable in contract actions, there are certain exceptions to this rule. … Where the conduct of a party, in breaching his contract, independently establishes the elements of a common law tort, punitive damages may be awarded for the tort. F. D. Borkholder Co., Inc. v.

Lean v. Reed

854 N.E.2d 79 · Indiana Court of Appeals · Sep 19, 2006

The trial court found that there was no material issue of fact pertaining to the defense and that Lean failed to establish his defense as a matter of law. Lean now appeals. … The Oregon Court of Appeals determined that such reliance was insufficient as a matter of law to immunize the director from liability. Id. at 1085.

Marion County Assessor v. Square 74 Associates, LLC

Indiana Tax Court · Feb 14, 2024

The Assessor’s burden for overturning the Indiana Board’s decision on appeal is well established. … He must show that the decision “is clearly against the logic and effect of the facts and circumstances before [the Indiana Board.]” Kooshtard Prop. I, LLC v. Monroe Cnty. Assessor, 38 N.E.3d 750, 753 (Ind.

Pate v. Tait

72 Ind. 450 · Indiana Supreme Court · Nov 15, 1880

be difficult for any cause to procure the attendance. of such judge, to prevent delay, the court may appoint any competent attorney of this State, in good standing, to act as judge, who, if he consent to serve, shall be qualified … It is insisted by counsel for appellant that the plea of the statute of limitations is clearly established, and that there is no proof showing or affording ground for an inference of concealment by the defendant of the cause

Reichelt v. United States Army Corps of Engineers

923 F. Supp. 1090 · District Court, N.D. Indiana · Feb 14, 1996

The Corps has established that an area of 6.40 square miles or more in Northwest Indiana generates a flow of five cubic feet per second. … The Site also does not qualify for NWP 26 because the wetlands are not isolated waters. *1095 The plaintiffs’ environmental assessment established that the wetlands on the Site are part of a surface tributary system that