Case law

Wishard Memorial Hospital v. Kerr

846 N.E.2d 1083 · Indiana Court of Appeals · May 10, 2006

This contract is not as detailed as the contract we considered in Jennings, which clearly stated that nurses assigned to work at St. … First, Wishard bore the burden of establishing that Kerr was its employee. See GKN, 744 N.E.2d at 404 .

Town of Brownsburg, Indiana v. Fight Against Brownsburg Annexation

124 N.E.3d 597 · Indiana Supreme Court · Jun 5, 2019

(b) The requirements of this subsection are met if the evidence establishes the following: (1) That the territory sought to be annexed is contiguous to the municipality. … The record before us is not clear on what qualifies as a minor residential plat.

Schott v. Hepler

101 F.R.D. 99 · District Court, N.D. Indiana · Mar 20, 1984

As the facts clearly show, plaintiff brought a suit in state court against the Board which suit was dismissed with prejudice by stipulation of the parties. … This court also notes, without deciding, that the Sheriff may enjoy immunity from damages under § 1983 for actions taken in his official capacity by virtue of the Eleventh Amendment. Buxton v.

Johnson v. Rush County Division of Family & Children

690 N.E.2d 716 · Indiana Court of Appeals · Dec 22, 1997

These allegations must be established by clear and convincing evidence. Ind.Code 31-6-7-13(a). … Clearly, the children were removed from Harold for at least six months under a dispositional decree.

Patricia Leslie v. Liberty Dialysis, Inc., Liberty Dialysis-Lebanon, LLC., Witham Memorial Hospital, and NLMP, Inc.

Indiana Court of Appeals · Apr 15, 2014

On appeal, Leslie does not address the issues of immunity or duty and erroneously claims that the defendants “solely argued [she] failed to establish the element of proximate cause.” Appellant’s Br. p. 6. … Without any argument regarding the issues of immunity and lack of duty by Leslie on appeal, she has not established that Witham and NLMP were not entitled to summary judgment on these bases.

State ex rel. Hovey v. Noble

4 L.R.A. 101 · Indiana Supreme Court · Apr 20, 1889

Another clause declares that the “ commissioners shall respectively hold their offices for the term of four years, arid until their successors are elected and qualified.” … This principle has been established for ages.

ArcelorMittal USA, LLC Pension Plan v. Jackie L. Hickey (mem. dec.)

Indiana Court of Appeals · Jun 30, 2016

Lastly, the court ordered Husband’s counsel to file a qualified domestic relations order (“QDRO”) regarding the pension within sixty days. … Husband’s pension is clearly marital property subject to distribution in the dissolution action. See Ind.

State v. Dye

784 N.E.2d 469 · Indiana Supreme Court · Mar 6, 2003

The State's appeal is determined using the "clearly erroneous" standard. … The post-conviction court's findings on this issue are not clearly erroneous.

In Re Delbecq

368 B.R. 754 · United States Bankruptcy Court, S.D. Indiana · Apr 26, 2007

Debtor’s student loans do appear to qualify in that regard. … Clearly, the merits of Debtor’s argument turn on the meaning of “special circumstances” as used above.

Mid-Continent Paper Converters, Inc. v. Brady, Ware & Schoenfeld, Inc.

715 N.E.2d 906 · Indiana Court of Appeals · Aug 26, 1999

Indiana Agency Laxo It is well established that the actions of employees and agents of a corporation are attributable to the corporation, when the actions are done within the scope of employment. Bud Wolf Chevrolet v. … Although Mid-Continent suggests that it would have been able to find qualified financing from other resources absent Gleeson’s fraud, and that Gleeson’s fraud did not produce benefits but caused underpricing and resulted

Marriage of Nill v. Nill

584 N.E.2d 602 · Indiana Court of Appeals · Jan 21, 1992

The court clearly intended to equally divide the marital property in accordance with the statutory presumption; therefore, its failure to consider the value of personal property was clearly erroneous, and an abuse of discretion … The parties had maintained joint accounts established for the keeping and disbursement of their funds.

Bird v. County of Allen

639 N.E.2d 320 · Indiana Court of Appeals · Aug 25, 1994

DECISION AND JUDGMENT The petition for judicial review of the Allen County Sheriffs Merit Board decision fails to establish that the Merit Board decision was arbitrary or capricious and fails to establish that the Merit Board … Bird's actions clearly fall within the scope of departmental rules which proscribe conduct or participation in any incident which tends to bring the department into disgrace. *333 A defendant whose conduct clearly falls within

Jeremiah Walls v. State of Indiana

993 N.E.2d 262 · Indiana Court of Appeals · Aug 22, 2013

We will not find that the trial court abused its discretion unless its decision is clearly against the logic and effect of the facts and circumstances before it. Id. … CONCLUSION For the foregoing reasons, we conclude that: (1) the State provided sufficient evidence to establish that Walls committed criminal trespass; (2) the State provided sufficient evidence to establish that Walls intimidated

Jerry Conn v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 17, 2016

of an entity’s affairs and not for the purpose of establishing or proving some fact at trial—they are not testimonial.” … As such, the main purpose of the NPLEx records was not to establish or prove some fact at trial. Id.

Gootee v. State

588 N.E.2d 584 · Indiana Court of Appeals · Mar 25, 1992

In doing so the trial court found the "parallels reflected within the two circumstances ... so strong and the method so clearly unique that the probability of the same perpetrator being involved in the two circumstances more … "The repeated commission of similar erimes is not enough to qualify for the exception['s] ..." use to establish identity. Id.

Leftridge v. United States

6 Indian Terr. 305 · Court Of Appeals Of Indian Territory · Nov 24, 1906

First, however, you must determine that the confessions were made; that should be established clearly and beyond a reasonable doubt — that the defendant absolutely made the confessions which have been introduced in evidence … author says: ‘-‘The general rule, however, is that the corpus delicti, taken as a whole, may be shown by any evidence which satisfies the jury beyond a reasonable doubt, whether it be direct or circumstantial; but this is qualified

Gregory Schweisthal v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 19, 2015

It is within the trial court’s sound discretion to decide whether a person is qualified as an expert witness. Id. … An allegation that the trial court failed to identify or find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record

Andre Gonzalez v. State of Indiana

980 N.E.2d 312 · Indiana Supreme Court · Jan 10, 2013

Under the first prong of this test, we determine what type of scheme the legislature in- tended the statute to establish. Id. (citing Smith v. Doe, 538 U.S. 84, 92, 123 S. Ct. 1140, 1146– 47, 155 L. … Under Indiana law, there are two avenues by which a sex offender may qualify as an SVP.

Oaken Bucket Partners, LLC v. Hamilton County Property Tax Assessment Board of Appeals

914 N.E.2d 868 · Indiana Tax Court · Sep 30, 2009

On July 29, 2009, this Court issued an opinion in the above-captioned case holding that a portion of Oaken Bucket Partners, LLC's (hereinafter, "Oaken Bucket") real property qualified for a charitable/religious purposes exemption … In this case, the totality of the evidence established that Oaken Bucket possessed its own charitable purpose and that its property was both occupied and predominately used for religious purposes. See Id. at 1134-38 .

Jackie Butler v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 29, 2016

On appeal, the burden rests with Butler to establish that the mitigating evidence is 1 See Ind. … The trial court qualified this statement, noting its concerns that Butler would not follow through with services now given his failure to follow through with services in the past.