Case law

Flagg v. McCann Corp.

498 N.E.2d 76 · Indiana Court of Appeals · Oct 7, 1986

Baker, as duly appointed and qualified Administrator of the Estate of Tina J. Baker, deceased, ... does hereby release, acquit and forever discharge Daniel 0. … A case referred to us by Flagg and Baker clearly establishes that a tavern may be liable for the consequences of serving liquor to an intoxicated person whom the server knows or should have known. was driving an automobile

Danny Boling v. State of Indiana

982 N.E.2d 1055 · Indiana Court of Appeals · Jan 24, 2013

Mens rea can be established by circumstantial evidence and inferred from the defendant’s conduct and the natural and usual sequence to which such conduct reasonably points. C.L.Y. v. State, 816 N.E.2d 894, 905 (Ind. … As the jury clearly did not credit Boling’s version of events, neither do we.

State ex rel. Curran v. Mallory

65 Ind. 43 · Indiana Supreme Court · Nov 15, 1878

We find it necessary to a pi’oper understanding of this case, and of our decision thereof, that we should give a summary at least of the facts established in the evidence: Cn the 3d day of 'September, 1874, the appellee John … Mallory was duly qualified as a justice of the peace of Jackson Township, and thereafter entered upon the discharge of the duties of his office. The other appellees were his sureties, on his official bond.

Reg v. Lmg

571 N.E.2d 298 · Indiana Court of Appeals · May 14, 1991

The trial court awarded the wife 60% of the marital estate finding that the husband's homosexual relationships may have placed the wife at risk for developing Acquired Immune Deficiency Syndrome [AIDS]. … Clearly the facts before this Court make this an egregious case.

In the Matter of the Term. of the Parent-Child Relationship of: M.S., A.S., El.S., & Ev.S. and S.S. (Mother) and R.S. (Father) v. Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · Mar 9, 2016

Blix), an associate professor of clinical psychiatry at Indiana University Medical Center and a qualified expert in the area of factitious disorders. Dr. … Blix clearly stated that because of Mother’s factitious disorder, Children were still at extreme risk for neglect.

Natural Resources Commission of Department of Natural Resources v. Sullivan

428 N.E.2d 92 · Indiana Court of Appeals · Nov 30, 1981

In the instant case we believe Sullivan’s conduct clearly fell within the realm of proscribed activity. … Sullivan personally testified to knowingly violating established procedures for obtaining reimbursement for payments made to a merchant, Spanky’s Navy, an establishment which furnished nautical supplies to the Quartermaster

In the Term. of the Parent-Child Relationship of I.C., N.K., L.L., and L.L., III (Minor Children), E.B. (Mother) v. Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · May 24, 2016

As to suitable housing, if [M]other has five children in her custody, she would qualify for a subsidized, three bedroom apartment. … DCS need establish only one of the requirements of subsection (b)(2)(B) before the trial court may terminate parental rights. Id.

Jason Young v. Hood's Gardens, Inc.

Indiana Supreme Court · Jan 22, 2015

The trial court also struck a por- tion of the plaintiff's affidavit containing his opinion that the value of the wood exceeded $400 on grounds that the plaintiff did not qualify as an expert and there was nothing about the … The first step in statutory interpretation is to determine whether the legislature has spoken clearly and unambiguously on the point in question. Sees v. Bank One, Indiana, N.A., 839 N.E.2d 154, 157 (Ind. 2005).

Adkins v. Vigilant Insurance Co.

927 N.E.2d 385 · Indiana Court of Appeals · May 17, 2010

Interpretation of Insurance Policies It is well-established that the interpretation of an insurance policy is primarily a question of law for the court. Liberty Mut. Ins. Co. v. Michigan Mut. Ins. … Specifically, Adkins argues that Vigilant's use of the disjunctive in the passage above allows Neese's automobile insurance policy to qualify as underlying insurance.

Bailey, III v. Jezierski

District Court, N.D. Indiana · Jun 26, 2023

1093 (7th Cir. 1990) (explaining that because “the ‘under color of law’ category is broader than the ‘scope of employment category” an allegation that an employee was “acting under color of law” does not “automatically establish … Such a holding would clearly go against the text of § 34- 13-3-5(c).

State of Indiana v. Sameer Girish Thakar

71 N.E.3d 27 · Indiana Court of Appeals · Feb 14, 2017

A criminal statute is void for vagueness if it does not clearly define its prohibitions. Id. … However, the provisions cited by the State more generally concern establishments that serve alcohol, or the banning of live sex acts in such establishments, and do not reflect a specific policy with regards

Williams v. Shalala

842 F. Supp. 362 · District Court, N.D. Indiana · Dec 8, 1993

As in Shields , expert input was clearly necessary here to conduct a proper 20 C.F.R. § 404 .1520a analysis. See Shields, 801 F.Supp. at 159 . Ms. … Clearly, there is not substantial evidence to support the Secretary’s determination that Ms. Williams could perform her past relevant work.

In the Matter of the Termination of the Parent-Child Relationship of D.H., Jr. and Ar.L. (Minor Children) An.L. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Nov 14, 2019

He further told FCM Middleton that, had Ar.L “received her two month immunization shots,” those shots “could’ve possibly prevented” the meningitis. Ex. Vol. II at 46. … Clearly, there [is] some mental illness that is not being addressed with each parent.

Kroslack v. Estate of Kroslack

504 N.E.2d 1024 · Indiana Supreme Court · Mar 13, 1987

Therefore, upon receiving a timely demand from a qualified claimant, the personal representative, on behalf of the estate, proceeds against the multi-party account representative. … This filing was outside the one year period of limitation established by Ind. Code § 32-4-1.5 -7. 4 .

Fong v. Purdue University

692 F. Supp. 930 · District Court, N.D. Indiana · Aug 10, 1988

Here, this court is required to decide a much narrower dispute within clearly established parameters under the First and Fourteenth Amendments of the Constitution of the United States. … In the ease of charges of incompetence, the testimony on this point should include that of qualified scholars.

Sense v. Roach

222 Ind. 323 · Indiana Supreme Court · Mar 28, 1944

Roach died intestate a resident of Marion County, Indiana, on May 4, 1940, and on May 9th the appellee Edward Roach was appointed administrator of the estate of said decedent by the Probate Court of said county and qualified … This was clearly an illegality. And in Kingan & Co. v. Hawley (1902), 29 Ind. App. 376, 377 , 64 N.

OWENS v. CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY

District Court, S.D. Indiana · Apr 1, 2021

It is well-established that absolute immunity "encompasses quintessentially prosecutorial functions like an out-of-court effort to control the presentation of a witness's testimony and the acts undertaken by a prosecutor … A prosecutor acting in an investigative capacity may claim only the same qualified immunity that protects police officers and other law-enforcement investigators." Id.

Ronald Abner, Jr. v. Aurora Abner (mem. dec.)

Indiana Court of Appeals · Mar 31, 2020

The trial court ordered Husband to make an equalization payment to Wife in the sum of $11,548.97 via a Qualified Domestic Relations Order. Husband now appeals. … A decision is clearly erroneous if it is clearly against the logic and effect of the facts and circumstances that were before the trial court. Id.

Joles v. Johnson County Youth Service Bureau, Inc.

885 F. Supp. 1169 · District Court, S.D. Indiana · Mar 31, 1995

She did not place orders to be filled by out-of-state businesses with these local retail establishments; she made the purchases by walking through the stores and choosing items off the shelves. … The test under this present act, to determine whether an employee is engaged in commerce, is not whether the employee’s activities affect or indirectly relate to interstate commerce but whether they are actually in or so clearly

Phillip D Hinkle v. State of Indiana

Indiana Court of Appeals · Aug 15, 2024

We review these determinations for an abuse of that discretion and reverse only when admission is clearly against the logic and effect of the facts and circumstances and the error affects a party’s substantial … A document does not need to be open and available to the public in order to qualify for admission under the public records exception. Id. (citing 2 Kenneth S.