Case law

Pink Allen Robinson v. State of Indiana

Indiana Court of Appeals · Aug 23, 2023

Judge Sutton further found that Forensic Specialist Chapman had “misled [Deputy Prosecutor] Becker into believing that he was qualified to conduct the type of latent print comparisons that [had] exist … or prejudice may be established if a judge’s order is sufficiently egregious.

Colonial Penn Insurance Co. v. Guzorek

669 N.E.2d 1042 · Indiana Court of Appeals · Aug 21, 1996

Donald's deposition testimony clearly reveals that he was a regular driver, despite his suspended license. … First, we address whether the Buick LeSabre qualifies as a replacement vehicle under the policy.

State v. Weyer

831 N.E.2d 175 · Indiana Court of Appeals · Jul 20, 2005

The State only needs to establish prima facie error, which is error at first sight, on first appearance, or on the face of it. Id. … In this case, the ATV was clearly self-propelled, as it could travel at speeds of eighty miles-per-hour.

Rottger, Rec. v. First-Merchants Natl. Bank

98 Ind. App. 139 · Indiana Court of Appeals · Jan 31, 1933

The City Trust Company qualified as executor under the will, administered upon the estate, and was discharged as executor May 10, 1930. … On April 18, 1930, it qualified as trustee for the purpose of receiving the property and carrying out the duties imposed upon it as such trustee under the will.

Gallup v. Schmidt

154 Ind. 196 · Indiana Supreme Court · Feb 16, 1900

Gallup, a resident of the state of New Hampshire, the principal and residuary legatee, was qualified as executor in January, 1894, and March 5, 1894, filed an inventory showing a personal estate of $492,628.26. … The fact that there had been an omission to list all of his property for taxation, we think, was well established, beyond peradventure.

Thomas v. City of Michigan City

151 F. Supp. 3d 869 · District Court, N.D. Indiana · Dec 16, 2015

[DE 76 at 2,] But that is of no matter, as the video clearly shows that Thomas did not come to a complete stop. … It may be the case' that she was not qualified when she first applied (as Strader and Zonder testified) or that there were other applicants who were simply more qualified than Hales and they were hired first.

Melody Barrows v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 28, 2020

The party moving for summary judgment bears the initial burden to establish its entitlement to summary judgment. Id. at 396–97. … The individually named defendants claim to have public employee immunity under the Act.

Hampton v. Douglass

457 N.E.2d 618 · Indiana Court of Appeals · Dec 29, 1983

DECISION Hampton claims he was entitled to relief from the default judgment by reason of his physical inability to attend thereby qualifying for judicial succor under Ind. … However, the possibility clearly exists the issue may again arise. We thus refer Hampton to B.G.L. v.

Betty J. Rumell, as Personal Representative of the Estate of Margo Sue Rumell v. Osolo Emergency Medical Services, Inc., Todd Byrket, Julie Calloway, and Kim Bryan

Indiana Court of Appeals · Dec 13, 2017

status of the Defendants had yet to be conclusively established. … The Estate has not established that such an exemption is warranted.

Larkins v. State

622 N.E.2d 1299 · Indiana Court of Appeals · Oct 27, 1993

Larkins, however, was not a bondsman because he was not approved, appointed, qualified, and licensed as such. I.C. 27-10-1-4; I.C. 27-10-3-1. … Abuse of discretion occurs when the trial court’s judgment is clearly against the logic and effects of the facts and inferences which support the judgment for relief. Mickle v.

McCabe v. Grantham

108 Ind. App. 695 · Indiana Court of Appeals · Feb 14, 1941

Eq.: “ ‘Length of time is no bar to a trust clearly established, and express trusts are not within the statute of limitations, because possession of the trustee is presumed to be the possession of his cestui que trust.’ ” … There is no doubt in our minds that the finding of the court indicates an express trust was clearly created by and between said James F. Grantham and Charles M.

Caylor-Nickel Clinic, P.C. v. Indiana Department of State Revenue

569 N.E.2d 765 · Indiana Tax Court · Apr 4, 1991

Caylor-Nickel asserts (1) the plain language of IC 6-2.1-3-24.5 requires nothing more than to meet the terms of IC 6-2.1-3-24.5(a), (b), *769 and (c) to qualify for exemption, (2) the legislature specifically qualified the … Consequently, a taxpayer failing to meet this burden, not qualifying for exemption, is subject to assessment.

Haro v. County of Porter Indiana

District Court, N.D. Indiana · Sep 29, 2023

Qualified Immunity Defendant Bradley argues that she is entitled to qualified immunity. … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Rivas-Villegas v. Cortesluna, 142 S.

GREATER HAMMOND COMMUNITY SERV., INC. v. Mutka

735 N.E.2d 780 · Indiana Supreme Court · Sep 21, 2000

GHCS points to certain facts it believes qualify it for treatment as a governmental entity under this test. We examine these under the standard on appeal for summary judgment. … In World Productions, the Court of Appeals was called upon to decide whether the Capital Improvement Board was a governmental entity immune from claims for punitive damages.

Mock v. P.F. Goodrich Corporation

110 Ind. App. 685 · Indiana Court of Appeals · Jan 22, 1942

The appellant duly qualified as such receiver and has been acting as such since that time. … With reference to the last proposition, it seems entirely clear that the agreement, under which the two banks were unified into the Unified Bank, established clearly that the overplus in each of said banks was to be kept

In the Matter of the Guardianship of SS

Indiana Court of Appeals · Dec 27, 2024

Discussion and Decision Background [10] Under federal law, a child may be eligible for lawful permanent residency in the United Sates if the child qualifies for classification as an SIJ. … Accordingly, we review a trial court’s findings for an abuse of discretion, which occurs when the decision is “clearly against the logic and effect of the facts and circumstances

Menges v. Depuy Motech, Inc.

61 F. Supp. 2d 817 · District Court, N.D. Indiana · Jun 11, 1999

McKenzie’s credentials qualified him as an expert his opinion is unreliable. … To establish a product defect in this case, Menges offers the testimony of Dr. Alexander, Ph.D. 8 Dr.

Pitman v. Marquardt & Sons

20 Ind. App. 431 · Indiana Court of Appeals · Jun 16, 1898

The assignor resided in Montgomery county, Kentucky, where his principal business was located, the store at Seymour being a branch establishment in charge of a Mr. Kay. … Whenever the appointment was made the employment con *442 tinued after the assignee had qualified.

Rayl v. General Motors Corp.

121 Ind. App. 608 · Indiana Court of Appeals · Nov 5, 1951

Williston, upon whom the appellants strongly rely, limits or qualifies the above rule with these words: “In some cases, however, stress is laid on the fact that inspection would have revealed the defect. … We think the evidence shows without contradiction that the appellee inspected and accepted the merchandise in controversy but clearly these facts constitute no bar to the present suit unless the appellee failed to give the

Billingsley v. State

960 N.E.2d 882 · Indiana Court of Appeals · Jan 30, 2012

She asserts, however, that the State produced insufficient evidence at trial to establish judgment under one of the predicate offenses. … Trotter’s certified BMV record, which showed that Trotter’s license had been suspended, but did not show that Trotter had received a previous driving while suspended conviction,” and that here, by contrast, the BMV Record “clearly