Case law

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.

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).

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.

Storage and Office Systems, LLC v. United States

490 F. Supp. 2d 955 · District Court, S.D. Indiana · Mar 30, 2007

These factors clearly do not apply to the undisputed facts of this case, especially since Congress has directly addressed the problem with Section 6323. … liability where other theories clearly are not applicable.

Reed v. United States

604 F. Supp. 1253 · District Court, N.D. Indiana · Mar 16, 1984

Clearly, given such unopposed allegations, it would appear that the Huntington Reservoir is not a navigable waterway. … In this case Dale Hollow Lake clearly meets the requirement that the lake be *1268 an interstate highway for commerce because it straddles Kentucky and Tennessee.

In the Matter of D.P. & C.H., Children Alleged to be Children in Need of Services, T.P. Mother v. The Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · Mar 30, 2015

15  Mother admitted she has a heroin addiction and also used marijuana and took painkillers and that she stated that she was unable to afford in-patient treatment as she has no insurance and could not qualify … A judgment is clearly erroneous if it is unsupported by the findings and conclusions. Id.

Turner v. Cook

36 Ind. 129 · Indiana Supreme Court · May 15, 1871

It does not appear whether the executrix, who was the widow, named in the will, had qualified or not. Two of the defendants, Elizabeth Turner, the widow, and Robert A. … As to his communications or declarations to her, they were clearly inadmissible, 3 Ind. Stat. 560, sec. 2.

Gabriel v. Gabriel

947 N.E.2d 1001 · Indiana Court of Appeals · Apr 29, 2011

We will set aside the trial court’s findings of fact and judgment only if they are clearly erroneous. Id. at 639 . … Findings of fact are clearly erroneous when the record lacks any reasonable inference from the evidence to support them, and the judgment is clearly erroneous if it is unsupported by the findings and conclusions thereon.

State Ex Rel. Indianapolis Bar Ass'n v. Fletcher Trust Co.

211 Ind. 27 · Indiana Supreme Court · Jan 13, 1937

A power, therefore, in the supreme courts of justice to suppress such contempts, by an immediate attachment of the offender, results from the first principles of judicial establishments, and must be an inseparable attendant … If the board finds that the applicant is of good moral character and otherwise qualified, and, if the applicant seeking admission by an examination has successfully passed the examination, then a report is made to this court

Arnold

District Court, N.D. Indiana · Jan 30, 2026

But even where it is properly raised, the Eleventh Amendment does not confer absolute immunity from suit. See id. at 882. … Where, as relevant here, a state official is sued in their official capacity for prospective injunctive or declaratory relief, a suit may proceed under the exception established in Ex Parte Young, 209 U.S. 123.

Terra Nova Dairy, LLC v. Wabash County Board of Zoning Appeals

890 N.E.2d 98 · Indiana Court of Appeals · Jul 17, 2008

agency decision, we may provide relief only if the decision is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; [ (2) ] contrary to constitutional right, power, privilege, or immunity … We note that during the certiorari proceedings, *107 Terra Nova requested and obtained a copy of the form once used by Wabash County; clearly, Terra Nova could have made such a request prior to applying for an ILP and either

Daniel Ray Wilkes v. State of Indiana

984 N.E.2d 1236 · Indiana Supreme Court · Apr 4, 2013

And he has clearly failed to establish in this appeal that the evidence conclusively points to a conclusion con- trary to that reached by the post-conviction court. … Both Williams and Schnepper were qualified capital case attorneys in accordance with Criminal Rule 24. See Ind. Crim. Rule 24(B).

Lowrey v. City of Delphi

55 Ind. 250 · Indiana Supreme Court · Nov 15, 1876

And appellant averred, that she had been duly appointed and qualified as administratrix of the estate of said William A. … Where, as in this case, it is alleged that the death was caused by the wrongful omission of another, it must appear, clearly, from the averments of the complaint or paragraph, that the thing omitted caused the death, that

Latoyia Billingsley v. State of Indiana

Indiana Court of Appeals · Jan 30, 2012

She asserts, however, that the State produced insufficient evidence at trial to establish judgment under one of the predicate offenses. … Trotter’s certified BMV record, which showed that Trotter’s license had been suspended, but did not show that Trotter had received a previous driving while suspended conviction,” and that here, by contrast, the BMV Record “clearly

Albert L. Hauck and Mark Wood v. City of Indianapolis

17 N.E.3d 1007 · Indiana Court of Appeals · Sep 24, 2014

In its memorandum in support of its motion, the City argued that “[t]he City-County Council clearly intended to give the Chief of Police discretion to make promotions as he sees fit, and its language that the Chief ‘shall … The City asserts that the “promotions [of Hauck and Wood] would have required the Chief of Police to skip over at least six other more qualified candidates.” Id. at 18-19.

Lake County v. State Ex Rel. Manich

631 N.E.2d 529 · Indiana Court of Appeals · Mar 30, 1994

In response, Lake County Council did not establish a two-tiered salary structure nor did it make a finding that Manich was a registered surveyor. … Indiana Code §$ 86-2-12-15 clearly provides that a registered county surveyor is to be paid an amount equal to one and one-half times that of a non-registered surveyor.

Becker v. State

695 N.E.2d 968 · Indiana Court of Appeals · May 18, 1998

Moreover, we are unable to conclude, as did the Greer court, *975 that these required factors have been clearly established under the particular circumstances of the case. … The 1995 statute contains a list of felonies qualifying as "crimes of violence” which includes Rape and Criminal Deviate Conduct. Ind.Code § 35-50-1-2(a) (1995).

Everett

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

McBride, 178 F.3d 849, 855 (7th Cir. 1999) (when inmate complained about severe deprivations but was ignored, he established a “prototypical case of deliberate indifference.”). … He alleges he is qualified for the job and was exceeding the performance requirements of his current job.