Case law

AJAJ v. KREUGER

District Court, S.D. Indiana · Sep 21, 2021

, or where the latter Act covers the whole subject of the earlier one and is clearly intended as a substitute." … He also alleges that defendants Kruger, Underwood, Cox, Sutter, Roloff, and Watson denied him access to an "Islamically qualified Sunni Imam." Id. at 9−11, ¶¶ 86−106.

Crider v. State

258 Ind. 541 · Indiana Supreme Court · May 31, 1972

The compensation was not fixed by the “administrative authority in *548 control of the operation” as required by the statute but was established by the Town Board as a whole. … The argument goes that if qualified members of the bar cannot agree that the actions in question constitute an offense then how can a person of ordinary intelligence decide. The fallacy of this argument is self-evident.

Suits v. Murdock

63 Ind. 73 · Indiana Supreme Court · Nov 15, 1878

feet wide ; and file their report, which is in the words and figures following, to wit: “ ‘ We, the undersigned reviewers, appointed by your honorable body, at your June session, 1875, beg leave to report that, after being qualified … full description of such location, change or vacation, by routes and bounds and by its course and distance, except that in case of the vacation of a road, or any part thereof, such description only as will designate it clearly

Kraus v. Lehman

170 Ind. 408 · Indiana Supreme Court · Feb 18, 1908

Eight were the names of persons who were dead at the time of the presentation of said petition, and 131 were names of signers who were not resident freeholders of Miami county, Indiana, at said time, leaving but 398 qualified … Appellees allege that there is no error, consequently the burden is cast upon appellant to establish by the record the error which he has assigned.

Tell City Boatworks, Inc. v. Indiana Department of State Revenue

Indiana Tax Court · Dec 18, 2020

qualified research. … (CCH) 354, 2014 WL 4920724, at *17-19 (T.C. 2014) (finding that a taxpayer’s systematic modeling and testing of schematics to address uncertainties established a qualified process of experimentation

Wininger v. State

526 N.E.2d 1216 · Indiana Court of Appeals · Aug 18, 1988

Clearly, Gray's memory was not refreshed. Rather, he was merely testifying from the transcript of his previous testimony. … Having failed to meet the requirements to qualify as a past recollection recorded, the 1984 transcript of Gray's testimony was not admissible.

Marty J Wilson v. State of Indiana

Indiana Supreme Court · Jun 23, 2026

Under that amendment, a trial court would determine at sentencing whether the person was an SVP based on the commission of a qualifying offense or, if no such qualifying offense applied, based on consultation with experts … Under this test, we first determine whether the legislature intended for the statute to impose punishment or whether it merely intended to establish a non- punitive regulatory scheme. Id.

Rogers v. Anderson

District Court, N.D. Indiana · Sep 9, 2025

Qualified immunity Finally, the State Defendants argue, that they are entitled to qualified immunity. … Accordingly, the State Defendants are entitled to qualified immunity as to all of Roger’s § 1983 claims. b.

Fitzpatrick v. City of Fort Wayne

679 F. Supp. 2d 947 · District Court, N.D. Indiana · Dec 22, 2009

In fact, it is undisputed that he viewed it at the scene and noted D.F. running into the restroom and then running out, establishing to a certainty that D.F. was in the restroom at the time of the beating. … In a false arrest case, a police officer is entitled to qualified immunity if “a reasonable officer could have mistakenly believed that probable cause existed." Williams v.

City of Aurora v. West

9 Ind. 74 · Indiana Supreme Court · May 26, 1857

It would hardly be said, that cities were created simply to establish and enforce police regulations — to maintain order amongst the citizens. … See the distinctions touching this subject clearly drawn in The People v. The Mayor, &c., of Brooklyn, 4 Comst. 419.

Perry County, Indiana v. Keith D. Huck

Indiana Supreme Court · Jul 22, 2025

A person qualifies for temporary health insurance under COBRA after a “qualifying event” occurs. 29 U.S.C. § 1163. … But Huck does not qualify for COBRA because no qualifying event—such as termination or reduced hours— occurred here. See id. § 1163(2).

Bulen v. Pendleton Banking Co.

118 Ind. App. 217 · Indiana Court of Appeals · Apr 5, 1948

Johnson, and decedent’s six children, as well as Pendleton Banking Company, Administrator, have all appeared, participated in and given testimony in said hearing. “(4) That Pendleton Banking Company is the duly appointed, qualified … It is clearly apparent that the facts as found specially by the court wholly fail to establish all of the elements necessary to constitute a valid gift inter vivos under the above rules.

Kavanagh v. Butorac

140 Ind. App. 139 · Indiana Court of Appeals · Dec 12, 1966

It was shown that his work was dependent upon good vision and that there were dangers in the handling of toxic serums and in immunization of animals. … Even the expert qualifies his testimony as to “properly” fastened and *156 we can assume different passengers will vary the interpretation of “properly.”

Spaulding v. State

268 Ind. 23 · Indiana Supreme Court · Mar 9, 1978

.” *26 *25 Although the defendant correctly contends that the State must establish that the act was done against the will of the *26 victim, Shephard v. … Their testimony together is clearly sufficient evidence for the jury to have found beyond a reasonable doubt that the victim was placed in fear of her life and that the act was done against her will.

Finnegan v. Tetzloff

District Court, N.D. Indiana · May 9, 2025

However, this is clearly not the case as Indiana law empowers trial courts to initiate contempt proceedings, to make contempt findings, and to issue punishment. Ind. Code § 34-47-3-5; Knowles v. … Finnegan asserts a claim against Jennifer Tetzloff, who he alleges is a court administrator who served as the court reporter at the contempt proceeding but was not qualified to do so.

M.W.S. v. M.S.S.

923 N.E.2d 458 · Indiana Court of Appeals · Mar 16, 2010

s birth, these factors do not, as the court concludes, establish Father's disregard for the welfare of L.J.S. … Assuming without deciding that Grandparents qualify as de facto custodians, they must still overcome the strong presumption in favor of Father, the natural parent, in order to gain custody of L.J.S.

David E. Lyons v. State of Indiana

976 N.E.2d 137 · Indiana Court of Appeals · Oct 11, 2012

sufficient to invoke the fundamental error exception; rather, the error must be such that the defendant could not possibly have received a fair trial and that the appellate court is left with the conviction that the verdict is clearly … In construing the above, only one of these characteristics—knowledge, skill, experience, training, or education—is necessary to qualify an individual as an expert. Otte v. State, 967 N.E.2d 540, 547 (Ind. Ct.

In Re Paternity of TP

920 N.E.2d 726 · Indiana Court of Appeals · Jan 29, 2010

On November 8, 2004, the trial court established Father's paternity, granted him visitation, and ordered him to pay child support. … A judgment is clearly erroneous when there is no evidence supporting the findings or the findings fail to support the judgment. Id.

Wolfe v. Tuthill Corp., Fill-Rite Division

516 N.E.2d 1074 · Indiana Court of Appeals · Dec 17, 1987

On the other hand, the definition of "trade secret" contained in IC 24-2-8-2 posits that the information, etc., in order to qualify as a trade secret, is not "readily ascertainable by proper means by other persons who can … To this extent then the plaintiff must establish the definitional requirement to be entitled to relief and he bears the burden of doing so.

Childs v. Rayburn

169 Ind. App. 147 · Indiana Court of Appeals · May 12, 1976

In its relation to resulting damages a flood is classed as an act of God in a legal sense with the consequent immunity of man from liability, only in the absence of human agency wrongfully or negligently contributing to produce … Childs next argues that the evidence “unquestionably” established that lightning was the sole cause of Steven’s death.