Case law

State v. Monfort

723 N.E.2d 407 · Indiana Supreme Court · Jan 26, 2000

perceiving the obstacles to the success of an iniquitous intention are to be expected from the scruples of the courts, are in a manner compelled by the very motives of the injustice they mediate, to qualify … As already explained, superior courts, as courts of general jurisdiction, enjoy the same immunity as circuit courts from interference that violates the separation of powers.

Johnston v. Amax Coal Co.

963 F. Supp. 758 · District Court, S.D. Indiana · May 8, 1997

Amax has explained that it terminated Johnston as part of a reduction in force, through which it retained its best-qualified employees and terminated less-qualified employees. … Instead, she has relied upon unsupported assertions that she was more qualified and should have been hired.

Humbert v. Smith

655 N.E.2d 602 · Indiana Court of Appeals · Feb 14, 1996

He argues that *606 "[slinee the State's evidence barely supports an argument that there is a "possibility" that [Humbert] could be this child's father, [thus] ... the judgment of the trial court ... is clearly erroneous … The tests shall be performed by a qualified expert approved by the court."

Walro v. Striegel (In Re Striegel)

131 B.R. 697 · District Court, S.D. Indiana · Aug 5, 1991

Further the court would find that even if an annuity — or this annuity were property of the estate, it would clearly be exempt under Indiana Code 27-2-5-1 and 11 [U.S.C. §] 522(b)(2). … The standard of review which this Court must apply in reviewing a decision of the bankruptcy court is well established: In an appeal from a bankruptcy court’s decision, a district court applies two standards of review: one

Claypool v. Jaqua

135 Ind. 499 · Indiana Supreme Court · Nov 22, 1893

The pleadings and exhibits, as shown by the record, establish the following facts, beyond controversy, and faithfully tell the story of the case: That the appellee Eliza, prior to January 1, 1887, was . a widow, and one Setli … We think, clearly not. The widow’s statutory claim to $500 is not an interest in the estate of the decedent, but is a preferred claim payable out of the personal estate, if sufficient for the purpose.

Harrison School Township v. McGregor

96 Ind. 185 · Indiana Supreme Court · Jun 17, 1884

The paragraph of answer was clearly insufficient, and the demurrer thereto was correctly sustained. Harmony School Tp. v. Moore, 80 Ind. 276 . … The allegation in question was an. immaterial and unnecessary one, and it was not requisite to appellee’s recovery in the action that its truth should be established by evidence. In Harmony School Tp. v.

O'Brien v. Clarke

102 Ind. App. 421 · Indiana Court of Appeals · Feb 18, 1936

The executors nominated in the will qualified and administered upon the estate. Their final report was approved January 27, 1923, and they were discharged as such executors. … This intention was .clearly reflected and given effect in the judgment of the trial court.

Kuespert v. State

177 Ind. App. 142 · Indiana Court of Appeals · Aug 1, 1978

However, IC 4-12-l-13(b), supra, clearly excepts persons whose salaries are fixed by the governor from the auspices of the budget agency’s salary-fixing power. … Therefore, the salary-fixing procedure for State Police employees qualifies as one of the exceptions enumerated in IC 4-12-1-13(b), supra, and the Budget Agency is without power to set salaries for State Police employees.

Derrick Demarco Armstead v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 12, 2015

The defendant must establish not only the grounds for prosecutorial misconduct but must also establish that the prosecutorial misconduct constituted fundamental error. … constitute clearly blatant violations of basic and elementary principles of due process and (b) present an undeniable and substantial potential for harm.

Hollins v. State

790 N.E.2d 100 · Indiana Court of Appeals · May 8, 2003

DECISION The petitioner for post-conviction relief “has the burden of establishing his grounds for relief by a preponderance of the evidence.” Ind. Posi>-Conviction Rule 1 § 5. … “Few points of law are as clearly established as the principle that ‘[tjactical or strategic decisions will not support a claim of ineffective assistance.’ ” McCary, 761 N.E.2d at 392 (quoting Sparks v.

Fields v. Rozzi

District Court, N.D. Indiana · Aug 31, 2020

This claim is barred by qualified immunity, which “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Hall’s reading of the implied consent, nor does he show that Officer Hall violated a “clearly established” right of Mr. Fields’. The only thing Mr. Fields alleges is that Officer Hall read him his implied consent.

Peller v. Selective Service Local Board No. 65

313 F. Supp. 100 · District Court, N.D. Indiana · Mar 19, 1970

On August 21, plaintiff was advised by the Surgeon General that he had again been found medically qualified for induction. … Plaintiff contends that this case satisfies that test because the local board clearly violated Section 1625.3(b) of the Selective Service Regulations.

Joel Bowden, Ruby Bowden, Golden Companies, Inc., and Golden Purchasing and Staffing, Inc. v. E.J. Agnew and Golden-AGI, LLC

2 N.E.3d 743 · Indiana Court of Appeals · Jan 9, 2014

The Bowdens next challenge DeWitt’s expert opinion testimony offered by Agnew to establish the profitability of the Project. … The Bowdens, who have not directly challenged any of the trial court’s specific findings or conclusions, have failed to establish that the trial court’s reliance on DeWitt’s expert testimony regarding damages was clearly

State Ex Rel. Indiana State Bar Ass'n v. Northouse

848 N.E.2d 668 · Indiana Supreme Court · Jun 6, 2006

Drafting and preparing testamentary and trust documents is clearly the practice of law. … Conclusion, Injunction, and Costs The evidence establishes that Northouse and Ramer have engaged in the unauthorized practice of law.

Indiana Department of State Revenue v. Bulkmatic Transport Co.

648 N.E.2d 1156 · Indiana Supreme Court · Apr 13, 1995

Second, the Tax Court concluded that the 1991 Regulation clearly defining tank truck as a single unit truck, as opposed to a double unit pneumatic truck, was a change to the rule rather than simply a clarification of the … The affidavit established that the department's 1991 modification of the 1986 Regulation specifying the exemption percentage for vehicle types that had historically been categorized as "other motor vehicles" merely reflected

Prewitt v. State

761 N.E.2d 862 · Indiana Court of Appeals · Jan 14, 2002

In order to qualify as fundamental error, an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible. … State, 517 N.E.2d 54, 62 (Ind.1987) ("[Wle have clearly held that our attempt statute can have application only to specific intent crimes....").

N.L.P. v. T.A.R. (mem. dec.)

Indiana Court of Appeals · Jul 20, 2017

Based on this conversation, the court found that “the children seem to be immune to their parents’ conflict.” Id. … Further, we will set aside the court’s finding or judgment only if they are clearly erroneous. Id.

George Dean King v. Kay S. King

982 N.E.2d 1026 · Indiana Court of Appeals · Jan 15, 2013

Findings of fact are clearly erroneous when the record lacks any reasonable inference from the evidence to support them, and the trial court’s judgment is clearly erroneous if it is unsupported by the findings and the … In establishing whether the 9 findings or the judgment are clearly erroneous, we consider only the evidence favorable to the judgment and all reasonable inferences to be drawn

Mennonite Board of Missions, Inc. v. Adams

427 N.E.2d 686 · Indiana Court of Appeals · Oct 29, 1981

The challenging party has the burden to present a strong and clear case establishing the unconstitutionality of the statutes. … Upon enactment, the MLA granted mineral interest owners a two year period of grace to effect a qualifying “use” to preserve the interest.

Schaill Ex Rel. Kross v. Tippecanoe County School Corp.

679 F. Supp. 833 · District Court, N.D. Indiana · Feb 1, 1988

Bracy recommended establishment of pre- and post-measures of performance, and cross-checks with the performance of others. … In T.L.O., the Supreme Court clearly laid to rest the doctrine of in loco parentis as a theory of the school’s immunity from suit.