Case law

Heritage House of Salem, Inc. v. Bailey

652 N.E.2d 69 · Indiana Court of Appeals · Jun 12, 1995

Medicaid was established in 1965 as a part of the same legislative package that included Medicare, the federal health insurance program for the elderly. … This federal regulation establishes that an entity participating in the Medicaid program may be located within a larger nursing institution.

Justin C. Cherry v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 22, 2016

Supreme Court precedent or cited before any court except for the Court of Appeals and Tax Court purpose of establishing … He also admitted that he had two prior, unrelated felony convictions, thus qualifying as an habitual offender.

Wienke v. Lynch

77 Ind. Dec. 179 · Indiana Court of Appeals · Jul 16, 1980

Constructive notice is a legal inference from established facts. … As Lynches’ mortgagee, Kissell’s interest is dependent upon Lynches’ establishment of title in the mortgaged real estate.

Stokes v. State

828 N.E.2d 937 · Indiana Court of Appeals · Jun 14, 2005

It is firmly established, however, that hearsay is admissible at sentencing hearings. See Ind. … Moreover, the Shepard holding was narrowly drawn so as to apply only to the ACCA and the issue of what documents could be admitted to establish if a prior conviction qualified as an ACCA predicate felony.

Bryan Alexander, Karl Cameron, William Love, Charlie Lovins, Kevin McMurray and Matt Oelker, on behalf of themselves and all others similarly situated v. Linkmeyer Development II, LLC

119 N.E.3d 603 · Indiana Court of Appeals · Feb 8, 2019

The first step in statutory interpretation is determining if the legislature has spoken clearly and unambiguously on the point in question. … These facts clearly establish that the project was both approved by and financed through the city.9 [43] Finally, Section 33.02 required that the construction project was approved or financed by the city

Fowler v. State

829 N.E.2d 459 · Indiana Supreme Court · Jun 16, 2005

This consti- tutional rule prohibits evidence even if it qualifies for a state law hearsay exception. In Hammon v. … The feigned or real absence of memory is itself a fac- tor for the trier of fact to establish, but does not render the witness unavailable.

Board of Commissioners v. Davis

22 L.R.A. 515 · Indiana Supreme Court · Jan 11, 1894

some preceding matter, it should be confined to what precedes it unless it clearly appears to have been intended to apply to some other matter. … An appeal from the order establishing, or refusing to establish, the incorporation, is not a suit by or against it. The reference is to subsequent suits to which it may be a party.

GRIFFIN v. SANDERS

District Court, S.D. Indiana · Jan 20, 2022

Qualified Immunity For the first time, in their reply, the Defendants argue in a single sentence8 that they are entitled to qualified immunity. (See Dkt. 108 at 1.) … immunity."

Hunter v. Duckworth

741 F. Supp. 1338 · District Court, N.D. Indiana · Jun 29, 1989

In order for a state court judgment to rest on an adequate and independent state procedural ground, the procedure must be firmly established and regularly followed. Johnson v. … This finding by the highest court in Indiana, therefore, is not clearly erroneous and is supported under the mandates of 28 U.S.C. § 2254 (d)(8).

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

Gary Municipal Airport Authority District v. Peters

550 N.E.2d 828 · Indiana Court of Appeals · Mar 5, 1990

With regard to this, the federal courts have held that this burden is clearly met when the effect of denying a motion to withdraw and amend would "practically eliminate any presentation of the merits." Westmoreland v. … Ultimately, we conclude that justice requires a trial court to allow withdrawal and amendment of admissions where the admissions involve core controverted issues and the opposing party fails to establish that he would be

Coila Bradford v. State of Indiana

Indiana Court of Appeals · May 22, 2023

App. 2010 (recognizing that the DOC determines what programs qualify for awarding credit). Neither the Agreement nor the relevant statutes promise that 487 days—or even one day—will be awarded. … App. 2011) (declining to address the defendant’s state privileges and immunities clause challenge to the expungement statute because the issue was raised for the first time on appeal).

Miles v. Department of Treasury

209 Ind. 172 · Indiana Supreme Court · Jan 28, 1935

It was held that clearly such a charter did not authorize the laying of an income tax. … Hence, domicile in itself establishes a basis for taxation.

Louisville & Nashville Railroad v. Kemper

153 Ind. 618 · Indiana Supreme Court · May 23, 1899

There is evidence strongly tending to sustain the verdict and, under the well established rule in such cases, we cannot disturb the judgment. … Proof of immunity of other persons from injury would have afforded no sufficient basis for a presumption that the track was sound and safe. 16 Am. & Eng. Ency. of Law p. 457, and cases cited.

Hill v. Davis

850 N.E.2d 993 · Indiana Court of Appeals · Jul 20, 2006

Thus, we may reverse the trial court if the appellant is able to establish prima facie error. Jones v. Harner, 684 N.E.2d 560 , 562 n. 1 (Ind.Ct.App.1997). … In their appellant's brief, Tenants argue that the award of attorney's fees is clearly erroneous because it is contrary to law.

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

Reilly v. Daly

666 N.E.2d 439 · Indiana Court of Appeals · Jun 7, 1996

The power to issue a preliminary injunction should be used sparingly, and such relief should not be granted except in rare instances in which the law and facts are clearly within the moving party’s favor. T.H. … I, § 23 which provides in perti *446 nent part: "The General Assembly shall not grant any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.”

Matter of VanMeter

137 B.R. 908 · United States Bankruptcy Court, N.D. Indiana · Feb 25, 1992

An either/or test has, thus, been established by which a state law will fall if one of two conditions is met. … They determined that “by naming those sections of the I.R.C. which designate ERISA-qualified plans, [the exemption statute] clearly makes reference to ERISA plans.” Pitrat, 947 F.2d at 427 .

Dobbs v. State

433 N.E.2d 848 · Indiana Court of Appeals · Apr 15, 1982

Dobbs insists that a proper chain of custody was not established for the recording. The law in this area is clear. The State is required to prove a complete chain of custody. … Clearly, the facts of this case do not support a constitutional challenge to IC 35 — 42—3—3 and IC 35-41-1-2.

In re the Termination of the Parent Child Relationship of: K.E. (Minor Child), and A.C. (Mother) v. Indiana Department of Child Services

Indiana Court of Appeals · Jan 13, 2021

We can think of few rights more extraordinarily compelling than a parent’s Fourteenth Amendment right to establish a home and raise her children. … In deference to the juvenile court’s unique position to assess the evidence, we will set aside a judgment terminating a parent-child relationship only if it is clearly erroneous.