Case law

Certain Westfield Southeast Area 1 Annexation Territory Landowners and Certain Westfield Southeast Area 2 Territory Landowners v. City of Westfield

977 N.E.2d 394 · Indiana Court of Appeals · Oct 12, 2012

We do not set aside findings and judgments unless they are clearly erroneous. Id. We review questions of law de novo. Id. II. … publication that is published in the municipality as well as publication on the newspaper or qualified publication’s website.

United States v. Best

214 F. Supp. 2d 897 · District Court, N.D. Indiana · Aug 7, 2002

Accordingly, Defendant has failed to establish a violation of the Sixth Amendment’s fair cross-section requirement. … In reaching that conclusion, the Seventh Circuit reasoned that although “Congress wanted to make it possible for all qualified persons to serve on juries, [that] is different from forcing all qualified persons to be available

Huffman v. McKinney

151 Ind. App. 238 · Indiana Court of Appeals · Feb 24, 1972

Brown is now the duly elected, qualified and acting judge of that court. In the case of Wildwood Manor, Inc. v. Gary National Bank (1970), 146 Ind. App. 296 , 255 N. … E. 2d 719 , wherein this court, in discussing the necessity for the trial court to set out its reasons for granting a new trial said: “We have heretofore established the requirement that in sustaining a motion for a new trial

Negley v. Lebanon Community School Corp.

173 Ind. App. 17 · Indiana Court of Appeals · Apr 27, 1977

The Superintendent contends that the following conclusion of law is clearly erroneous and an incorrect interpretation of the statutes: “2. … IC 1971, 21-5-11-2 (Burns Code Ed.) designates that school corporations may only lease school buildings under IC 1971, 21-5-11-1 from qualified lessor holding corporations.

In Re The Paternity of C.J.A.: G.C. (Mother) v. T.A. (Father)

3 N.E.3d 1020 · Indiana Court of Appeals · Jan 27, 2014

s ("Father") paternity to C.A. was established in the Tippecanoe Circuit Court. Father and G.C. … She is qualified to seek licensure here. Mother testified licen-sure could be completed in 3 months.

Boggs v. State

928 N.E.2d 855 · Indiana Court of Appeals · Jun 15, 2010

An abuse of discretion occurs if the decision is clearly against the logic and effect of the facts and cireumstances before the trial court. McClendon, 910 N.E.2d at 832 ; Goldsberry, 821 N.E.2d at 454 . … analysis is one way, and perhaps the best way, to establish the identity of a compound."

Haskell & Barker Car Co. v. Erickson

73 Ind. App. 657 · Indiana Court of Appeals · Oct 14, 1920

was in the business of manufacturing freight cars, having in its employ more than five persons ; that in connection with its said business it used much electricity for power and light, and as a part of its manufacturing establishment … Besides, it clearly appears from the undisputed evidence, and from the answers of the jury to the 567 interrogatories submitted at the request of appellant, that substantial justice has been done. First Nat. Bank v.

Hennings v. State

638 N.E.2d 811 · Indiana Court of Appeals · Aug 8, 1994

In Matter of O'Brien (1982), Ind., 437 N.E.2d 972 , the court reviewed a case in which an attorney acted as an advocate then qualified and acted as judge pro tempore in the cause. … Clearly there is no incentive for the attorney formerly acting as decision-maker to question the propriety of his rulings on appeal once he has assumed the role of advocate.

Indian Trucking v. Harber

752 N.E.2d 168 · Indiana Court of Appeals · Jul 20, 2001

The statutory duty imposed on drivers to perform inspections and make reports is clearly separate from that imposed on motor carriers. … Gerald Gundlach Pursuant to his contract with Indian Trucking and as the owner of the truck, Gundlach was responsible for hiring a qualified driver to drive for Indian Trucking.

Amanda and Joseph Emanuele and Alicia Emanuele v. Winford E. Moore, III (mem. dec.)

Indiana Court of Appeals · Jun 2, 2015

In light of this evidence, we cannot say that the trial court clearly erred in concluding that Grandparents “failed to present evidence that clearly and convincingly established that [the Child’s] best interests … Grandparents’ contention that “questions asked by [Father’s] [c]ounsel would certainly be in favor of his client and not ‘unbiased’ as to the true ability of [Father] to meet the court’s standard to qualify

Sizemore v. State

159 Ind. App. 549 · Indiana Court of Appeals · Mar 19, 1974

It is the fact of the lawful arrest which establishes the authority to search, and we hold that in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the … The question of whether a witness is qualified to give an expert opinion rests within the sound discretion of the trial court, and the court’s decision in this area will not be disturbed absent a showing of manifest abuse

Brown v. State

480 N.E.2d 938 · Indiana Supreme Court · Jul 30, 1985

Sufficiency of the evidence with reference to Count I to qualify as bodily injury to the victim. … The evidence clearly showed here that the robbery victim received from Defendant's gun a bump, red marks and pain for two or three days.

Parks v. State

59 L.R.A. 190 · Indiana Supreme Court · Oct 7, 1902

The privileges and immunities clause of this amendment has no application to the denial that is complained of here. Slaughter-House Cases, 16 Wall. 36 , 21 L. Ed. 394 ; Duncan v. Missouri, 152 U. S. 377 , 14 Sup. … The amendment of 1899 provides that the law shall not apply “to ány physician or surgeon who is legally qualified to practice in the state or territory in which he resides, when in actual consultation with a legal practitioner

Randall v. State

455 N.E.2d 916 · Indiana Supreme Court · Nov 17, 1983

It is clearly demonstrated that Appellant created the difficult situation by his own acts. … Testimony induced as a response to the grant of use immunity is testimony given by a witness that is of no benefit to him or his purposes and is required of him with immunity from its use against him at a later time.

Monschein v. LaLonde

701 N.E.2d 1275 · Indiana Court of Appeals · Nov 30, 1998

. *1279 Although Father cites Thornburg as support ive of his position that he is not a stepfather, on the contrary, Father would clearly qualify as a stepfather under this second definition recognized by Thornburg . … Most importantly, the trial court found that Grandmother had “established a strong bond with [C.M.]” given that C.M. lived with Grandmother for a significant amount of time. Record, p. 231.

Sann v. Mastrian

280 F.R.D. 437 · District Court, S.D. Indiana · Jul 29, 2011

A claim of work product protection must be made on a document-by-document basis, and the party resisting disclosure has the burden of establishing that the documents qualify as work product. Pippenger v. … numbering each log entry and including the type of privilege or other protection from disclosure (e.p., work product) asserted for each document and a specific explanation of why each document is privileged or otherwise immune

Aide v. Chrysler Financial Corp.

699 N.E.2d 1177 · Indiana Court of Appeals · Sep 30, 1998

As a matter of law, Aide has failed to establish that class counsel provided inadequate representation. 2 II. … The release clearly prohibits Aide from litigating the claim in a state court absent dismissal of Sanders. III.

Benjamin J. Selig v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 5, 2019

[5] An abuse of discretion occurs where the decision is clearly against the logic and effect of the facts and circumstances. Id. … [6] Under the circumstances of this case, Selig has failed to establish an abuse of discretion.

Planned Parenthood v. COMMISSIONER OF IND.

794 F. Supp. 2d 892 · District Court, S.D. Indiana · Jun 24, 2011

It applies only to the extent that the provider "continues to be qualified," as the Medicaid Act "clearly does not confer a right on a recipient to enter an unqualified [provider] and demand a hearing to certify it, nor does … services willing to render services in accordance with the fee schedules established by the state."

BOUYE v. HOWARD

District Court, S.D. Indiana · Apr 28, 2025

Bouye's Eighth Amendment rights.4 4 At trial, Sergeant Williams argued that he was entitled to qualified immunity on the basis that there is no established case law discussing the … immunity.