Case law

Hooks SuperX, Inc. v. McLaughlin

642 N.E.2d 514 · Indiana Supreme Court · Nov 9, 1994

Standard of Review This case was resolved by summary judgment for which our standard of review is well-established. … Clearly, society has an interest in preventing the overuse and misuse of prescription drugs. Recognizing that pharmacists have a duty in this regard helps further that goal.

Abels v. Monroe County Education Ass'n

489 N.E.2d 533 · Indiana Court of Appeals · Feb 18, 1986

The argument continues, in essence, that MCEA alone was qualified to act as the exclusive representative. They assert that neither ISTA nor NEA were entitled to act in that capacity. … Rather, they first contend that MCEA failed to adequately establish the extent to which ISTA and NEA assisted MCEA in collective bargaining.

Elkhart & Western Railroad v. Waldorf

17 Ind. App. 29 · Indiana Court of Appeals · Feb 4, 1897

. * * * “In this case it was clearly the intention of the parties, as expressed in the deed, that the grantor was to have, not only the naked possession, but the use and enjoyment of the land, and that certainly included … court, said': “It is safe to assume at the outset, that where the facts can be fully placed before the jury, opinion evidence, even from experts, is incompetent if the facts are of such a nature that jurors are as well qualified

Brent Myers v. Jarod Coats

Indiana Court of Appeals · Mar 29, 2012

The undisputed facts here establish that the DOC determines whether an incarcerated individual belongs on the Registry and also handles complaints about mistaken sex offender registrations. … J. concur 5 Having found this issue dispositive, we need not address the parties’ arguments concerning whether Coats’ claim is barred by the statute of limitations or whether Myers is entitled to qualified immunity.

Thompson v. State

674 N.E.2d 1307 · Indiana Supreme Court · Dec 26, 1996

This was clearly correct and the trial court properly sustained the objection. … The essential interests protected by the law of rape — the female's freedom of choice and immunity from unwanted intimacy' — are fully implicated even where complete penetration is not accomplished.

Kori F. Rice v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 30, 2018

[11] Thompson, who had been granted use immunity for his testimony, testified that he had passed out in the car when Rice drove the group home and stated that he had woken up when he had heard a commotion … A claim that the trial court failed to find a mitigating circumstance requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record.

BD. OF AVIATION COM'RS OF CLARK CTY. v. Schafer

174 Ind. App. 59 · Indiana Court of Appeals · Aug 16, 1977

FACTS The Board of Aviation Commissioners of Clark County is an executive department of Clark County, Indiana, and is authorized by law to acquire, establish, construct, maintain, improve, and operate airports. … (Original emphasis) In the case at bar the evidence presented by the Board clearly shows that the Board members were in possession of an appointive office, performing their respective duties of their office, and claiming

Connie Ehrlich v. Moss Creek Solar, LLC

Indiana Court of Appeals · Sep 7, 2023

On October 11, 2021, the Council enacted Resolution No. 2021-11, which was a Preliminary Resolution to establish the Land as an ERA. The Resolution set the matter for public hearing. … intent more clearly.

United States v. United States Steel Corp.

966 F. Supp. 2d 801 · District Court, N.D. Indiana · Aug 21, 2013

It would make little sense if a- defendant could strategically comply with some CAA regulations for five years and then immediately stop doing so on the theory that it would be immune from suit. … clearly imposing it,” E.I. du Pont de Nemours & Co. v.

Brownsburg Area Patrons Affecting Change v. Baldwin

714 N.E.2d 135 · Indiana Supreme Court · Jun 23, 1999

This principle is well-established in both federal and state law. See Carolene Prods. Co. v. … We believe, however, the legislature did not intend for every potentially "influential” organization to qualify as a PAC, and thus be subjected to reporting and registration requirements.

Minor v. State

792 N.E.2d 59 · Indiana Court of Appeals · Jul 22, 2003

The petitioner must establish his grounds for relief by a preponderance of the evidence. … Indiana Code Section 35-37-1-1 provides in relevant part that “[i]f a defendant is charged with ... murder, a Class A felony, a Class B felony or a Class C felony, the jury shall consist of twelve (12) qualified jurors unless

Reighard v. State

457 N.E.2d 557 · Indiana Supreme Court · Jan 5, 1984

protections of both the rights of the accused and welfare of society, enabling finally to consider all relevant facts pertaining to the defendant's mental state at the time the act was committed and being thereby better qualified … Defendant further argues that his instruction clearly instructed the jury that it was to consider all relevant facts pertaining to his mental state at the time the offense was committed and that the court's instruction did

Zechariah Brian James v. State of Indiana (mem. dec.)

121 N.E.3d 139 · Indiana Court of Appeals · Jan 22, 2019

A trial court abuses its discretion if its decision is clearly against the logic and effect of the facts and circumstances before it, or if it misapplies the law. Id. [8] In Kubsch v. … Assuming for the sake of argument that the issue was waived, James has not met his burden of establishing fundamental error.

William Bowman v. State of Indiana

51 N.E.3d 1174 · Indiana Supreme Court · Apr 26, 2016

inappropriate because (1) he did tender a jury instruction regarding the definition of a controlled buy, and (2) he moved to dismiss the charges after Phillips testified that the first buy had insufficient police safeguards to qualify … An abuse of discretion occurs only “if a ruling is clearly against the logic and effect of the facts and circumstances and the error affects a party’s substantial rights.” Carpenter v.

Town of Georgetown v. Sewell

786 N.E.2d 1132 · Indiana Court of Appeals · Apr 21, 2003

Here, the record clearly establishes that although the Sewells, not Timothy, purchased tract one, they never obtained a legal interest in the property. … Here, Timothy fails to establish that his investment-backed expectations have been frustrated to the extent necessary to establish a taking in violation of the Fifth Amendment.

Indiana Union Traction Co. v. Maher

176 Ind. 289 · Indiana Supreme Court · Oct 4, 1911

So if the evidence in this case should establish a liability on the part of the defendant, as to either of the particular charges of negligence,a recovery may be had upon the charge which is supported by the evidence.” … is that it informs the jury that if cars are run in unusual proximity, and a danger arises therefrom, it is the duty of the railroad company to warn passengers of the danger before an injury occurs; but this statement is qualified

Griggs Ex Rel. Griggs v. Fort Wayne School Bd.

359 F. Supp. 2d 731 · District Court, N.D. Indiana · Mar 10, 2005

Rule 3 is clearly within the confines allowed by the First Amendment. … Thus, Griggs’s wearing of the shirt qualifies as "speech.” 8 .

Town of New Ross v. Ferretti

815 N.E.2d 162 · Indiana Court of Appeals · Sep 22, 2004

A judgment is clearly erroneous if it applies the wrong legal standard to properly found facts. Id. … Accordingly, the trial court's judgment on this point is clearly erroneous.

James L. Bullock v. Natasha Bullock (mem. dec.)

Indiana Court of Appeals · Nov 20, 2015

Appellate Rule 65(D), this Memorandum Decision shall not be Nov 20 2015, 8:05 am regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, …  The parties stipulated that Natasha qualifies for spousal maintenance because she is physically incapacitated and unable to support herself.

John Blake Pattison v. State of Indiana (mem. dec.)

121 N.E.3d 138 · Indiana Court of Appeals · Jan 17, 2019

The evidence clearly demonstrates that these offenses were detected by Detective Zigler and the JEAN Team as part of their ongoing investigation into Pattison’s drug-dealing activity. … Possessing a firearm while dealing in methamphetamine qualifies as an enhancing circumstance. Ind.