Case law

Decker v. Zengler

883 N.E.2d 839 · Indiana Court of Appeals · Apr 2, 2008

The assertion of conclusions of law or opinion by one not shown to be qualified to testify to such will not suffice. Id. … We reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Joyner v. State, 678 N.E.2d 386, 390 (Ind.1997), reh’g denied.

Pagan v. State

809 N.E.2d 915 · Indiana Court of Appeals · Jun 11, 2004

We are satisfied, though, that a sole proprietorship may qualify as a "person" that can be the victim of a crime. … Here, the only property Pagan took was clearly identifiable with the Hardinsburg Video business.

Cain v. Back

889 N.E.2d 1253 · Indiana Court of Appeals · Jul 21, 2008

Although such evidence may not be sufficient to establish a prima facie case, it has probative value with respect to the tampering party’s consciousness of the weakness of his or her position on the merits and may be considered … Evan-gelista and Graber could have qualified as expert witnesses under Rule 702(b), but neither party sought to qualify either of them as such. Thus, it is inaccurate to describe Drs.

Lawson v. CSX Transportation, Inc.

101 F. Supp. 2d 1089 · District Court, S.D. Indiana · Dec 20, 1999

A plaintiff may establish pretext in two ways. … The undisputed facts before us clearly establish that Lawson suffers from diabetes, a disorder that affects many of the organ systems in his body. 13 Lawson’s diabetes, and its complications, affect Lawson’s metabolic, vascular

Grimes v. State

450 N.E.2d 512 · Indiana Supreme Court · Jul 6, 1983

Fos-sum's testimony clearly related his autopsy observations, as illustrated by Exhibits E-1 through E-12, to the State's theory of the chain of events in this case. … Appellant specifically contends that Joy was qualified only in general psychology and was not qualified to testify about matters of human sexuality.

Barrett v. State

164 Ind. App. 460 · Indiana Court of Appeals · Jun 12, 1975

The chain of custody of the exhibits was established as follows: Defendant, at the time of the sale, handed No. 2 to the informant, who immediately handed it to Brackman. … It clearly provided a sufficient basis for the trial judge’s determination that Forbes was qualified to render an expert opinion. We therefore find no error under issue (7).

Harkrider v. Lafayette Bank & Trust Co.

513 N.E.2d 674 · Indiana Court of Appeals · Sep 3, 1986

IND.CODE 29-1-18-45 clearly permits reasonable compensation for attorney and guardian fees which are discretionary matters for the trial court. Briggs v. Clinton County Bank & Trust Co., (1983) Ind. … In a not very strict application of A.R. 8.3(A)(7), which requires cogent argument and citation to applicable authorities, we find that only three items appear to qualify as issues. These are: A.

BESECKER v. LOOP

District Court, S.D. Indiana · Mar 20, 2023

"Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v. … Qualified immunity, however, is a doctrine established and recognized by the United States Supreme Court and in this Circuit. See Estate of Davis v. Ortiz, 987 F.3d 635, 638 (7th Cir. 2021).

Wendy H Elwood Trust v. Bartholomew County Assessor

Indiana Tax Court · Aug 7, 2023

As recognized by the Indiana Board, however, there is no bright-line test or finite objective standard to establish when the customary or regular practice in a taxpayer’s trade or business involves holding land in inventory … R. at 139 ¶ 23 (stating that the fact-sensitive determination is “a far cry from the type of ‘simple true or false finding of fact’ that qualify an issue as objective” (citation omitted)).)

Bader v. Wernert

178 F. Supp. 3d 703 · District Court, N.D. Indiana · Apr 14, 2016

Bader is a “qualified” provider of the relevant healthcare services. … Planned Parenthood of Ind., 699 F.3d at 978 (defining “qualified”).

Lever Brothers Co. v. Oil, Chemical & Atomic Workers International Union AFL-CIO

555 F. Supp. 295 · District Court, N.D. Indiana · Jan 19, 1983

The Supreme Court’s decision in three eases, now characterized as the Steelworker’s Trilogy 7 established that the court’s inquiry is not a review de novo, rather, its review is confined to the narrow questions of whether … This he could not do and still remain within the limits of his authority clearly articulated in paragraph 11.10.

Miller v. State

174 Ind. 255 · Indiana Supreme Court · May 24, 1910

It clearly falls within the condemnation of the principle announced in the cases of Porter v. State, supra, and Dunn v. State (1904), 162 Ind. 174 . … He further stated in his affidavit that he made it without hope of reward and without any promise of immunity, and that he made it solely that he might, so far as was in his power, right the wrong which he had done to Stout

Maesch v. Maesch

761 F. Supp. 584 · District Court, S.D. Indiana · May 24, 1989

The Court stated “that determination [subject matter] could have been attacked in an appeal, but, as it was not a clear usurpation of power, it is now res judicata and immune from collateral attack.” Id. at 649 . … It is clearly established that a post-judgment finding that the statute, which was relied upon in the judgment to confer jurisdiction, is unconstitutional does not make the judgment void under Rule 60(b)(4).

Teresa Meredith, Dr. Edward E. Eiler, Richard E. Hamilton, Sheila Kennedy, Rev. Michael Jones, Dr. Robert M. Stwalley, III v. Mike Pence, as Governor of Indiana, and Glenda Ritz

Indiana Supreme Court · Mar 26, 2013

Moreover, in reviewing the constitutionality of a statute, "every statute stands before us clothed with the presumption of constitutionality unless clearly overcome by a contrary showing." Id. at 338; see also State v. … directive: The General Assembly shall from, [sic] time to time, pass such laws as shall be calculat- ed to encourage intellectual, Scientifical, and agricultural improvement, by allowing re- wards and immunities

In re the Paternity of Ember Mazzotti-Dill: Sherry Mazzotti v. Heath Dill (mem. dec.)

Indiana Court of Appeals · Feb 24, 2016

or both parents to pay sums toward their child’s college education constitutes a reasonable manner in which to enforce the expectation that most families would encourage their qualified … We conclude that the trial court’s finding is not clearly erroneous.

Kevin Shawn Carter v. State of Indiana

105 N.E.3d 1121 · Indiana Court of Appeals · Jun 28, 2018

Ordinarily, we review evidentiary rulings for an abuse of discretion, evaluating whether the court’s ruling was “clearly against the logic and effect of the facts and circumstances.” Id. … [11] There are a few “specifically established and well-delineated exceptions” to the warrant requirement. Katz v. United States, 389 U.S. 347, 357 (1967).

Monjar v. State

876 N.E.2d 792 · Indiana Court of Appeals · Nov 21, 2007

Am abuse of discretion occurs when a decision is clearly against the logic and effect of the facts and circumstances before the trial court. … Steward maintained that the male jailer was not qualified to take the urine sample pursuant to Indiana Code section 9 — 30—6—6(j), 2 and he therefore was not offered a proper chemical test.

White v. Livers

District Court, N.D. Indiana · Sep 11, 2025

court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … App’x 353, 355 (7th Cir. 2019) (citing Bridges and finding qualified immunity applied to shield the defendant because it had not been clearly established “that a threat to file a grievance was protected”); Cobian v.

STATE EX REL. McCLURE ETC. v. MARION SUP. CT. ETC.

239 Ind. 472 · Indiana Supreme Court · May 1, 1959

He was duly commissioned by the governor and qualified according to law. Gosman, claiming the right to hold over until his successor was elected and qualified, refused to surrender the office. … Acts 1907, ch. 207, § 1, p. 360, being § 4-1401, Burns' 1946 Replacement, establishes the Marion Superior Court.

Burke v. BD. OF DIRECTORS OF MONROE COUNTY PUBLIC LIBRARY

709 N.E.2d 1036 · Indiana Court of Appeals · Apr 20, 1999

The submission of a harassment complaint by one employee against another is clearly within the scope of employment where, as here, the complaint is filed pursuant to the employer’s policy or request and concerns an incident … In addition, Burke has failed to designate evidence establishing that he was terminated for exercising his right to free speech.