Case law

In Re Marriage of JS and JD

941 N.E.2d 1107 · Indiana Court of Appeals · Feb 7, 2011

On August 10, 2009, J.D. filed a petition to establish visitation with A.H. … Yet the plain language of section 31-19-16-2 clearly applied. When interpreting a statute, the first step is to determine whether the legislature has spoken clearly and unambiguously on the point in question. City of N.

Kissel v. Rosenbaum

579 N.E.2d 1322 · Indiana Court of Appeals · Oct 21, 1991

We will not set aside the fact-finding of the trial court unless it is clearly erroneous. … These findings are not clearly erroneous but are supported by substantial evidence.

In Re the Marriage of Baker

550 N.E.2d 82 · Indiana Court of Appeals · Feb 12, 1990

The amendment therefore continues to establish the procedure for demonstrating entitlement. … Although the previous order allocating the tax exemption was proper as a qualified pre-1985 instrument under § 152(e), when the trial court modified that order in 1989, there no longer was a qualified pre-1985 instrument.

Carter v. Hobbs

92 F. 594 · District Court, D. Indiana · Mar 10, 1899

On December tí, 1898, Walter Garter was duly appointed a trustee of the bankrupt’s estate, and on December 10, 1898, he tiled his bond, and duly qualified, and assumed the duties of his trust. … The jurisdiction of the bankruptcy court over such claims and claimants, in my opinion, is clearly conferred by the present act.

Aaron v. City of Tipton

218 Ind. 227 · Indiana Supreme Court · Mar 4, 1941

This is true, because a duty imposed by the legislature upon cities or towns, or a liability against them created by the legislature, may be qualified, limited or removed by that body. … The giving of the notice in our statute is not the establishment of particular conditions. It is merely a preliminary step in the bringing of the action. . . .

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.

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 .

Garrett LLC v. Noble County Assessor

112 N.E.3d 1168 · Indiana Tax Court · Sep 24, 2018

The Indiana Board stated that Garrett “failed to establish the property was exposed to the market for a reasonable time.” (See Cert. Admin. … Even though the transaction was not a market value sale, the Indiana Board noted that it was possible that this transaction could still qualify as a reliable indicator of the property’s 2016 market value-in-use.

INNER CITY LEASING & TRUCKING, CO. v. City of Gary, Ind.

759 F. Supp. 461 · District Court, N.D. Indiana · Jul 11, 1990

It is a well-established principle “that a mere breach of contract by the government does not give rise to a constitutional claim.” Sudeikis v. … Clearly, this is not a case where a plaintiff invokes the due process clause in an attempt to protect something other than an ordinary contractual right. Cf. Goldberg v.

Miller v. State

825 N.E.2d 884 · Indiana Court of Appeals · Apr 20, 2005

Each of these professionals was well qualified by both education and experience. Five of these professionals possessed a Ph.D. and the sixth was a medical doctor specializing in psychiatry. … Clearly, the trial court's finding was limited in its context.

Ray

District Court, N.D. Indiana · Oct 14, 2025

acts not shielded by immunity.” … But these allegations do not establish that Malin was really acting as part of the investigative team and not entitled to absolute immunity.

Lewis v. State

252 Ind. 454 · Indiana Supreme Court · Aug 29, 1969

It is well established law in Indiana that one cannot raise objections for the first time on appeal when there was sufficient opportunity to object during the course of the trial. Tyler v. … It is hard to imagine a situation more clearly conveying the suggestion to the witness that the one presented is believed guilty by the police." 18 L.Ed.2d at 1161.

GUTHRIE v. CLINE

District Court, S.D. Indiana · Jun 30, 2025

Waco, 502 U.S. 9, 11 (1991) ("Judicial immunity is an immunity from suit, not just from ultimate assessment of damages."). … Guthrie clearly fails to satisfy the third threshold requirement—a likelihood of success on the merits.

Elliott v. State

450 N.E.2d 1058 · Indiana Court of Appeals · Jul 7, 1983

Thus, the information herein charged a lesser included offense as defined in Ind.Code 85-41-1-2 ("established by proof of the same material elements or less than all the material elements required to establish the commission … The independent evidence in this case established that Sheryl died as the result of a bullet wound in the neck.

Board of Commissioners v. Blair

8 Ind. App. 574 · Indiana Court of Appeals · Jan 9, 1894

It is true that if the court, in its instructions, attempts to designate what facts are necessary to be established to entitle a party to recover, all of the necessary facts must be stated. … If evidence offered is competent for the purpose of establishing any fact pertinent to and within the issues, it is not error to admit it.

Zavala v. State

739 N.E.2d 135 · Indiana Court of Appeals · Oct 31, 2000

As the police arrested Za-vala, they discovered evidence that established Zavala as a Mexican national. … Moreover, the preamble to the Vienna Convention on Consular Relations states: “that the purpose of [consular] privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by

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.

Hopster v. Burgeson

750 N.E.2d 841 · Indiana Court of Appeals · Jun 21, 2001

However, when the movant asserts the statute of limitations as an affirmative defense and establishes that the action was filed after the statutory deadline, the burden shifts to the nonmoving party to establish an issue … Donald contends that in this situation, the medical malpractice statute of limitations violates the Privileges and Immunities Clause found in the Indiana Constitution.

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).

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