Case law

Sedelbauer v. State

455 N.E.2d 1159 · Indiana Court of Appeals · Nov 16, 1983

As the material presented here is unprotected, and the evidence indicates that Sedel-bauer worked in a store where these materials were openly displayed, the evidence is sufficient to establish scienter. … At trial, Sedelbauer attempted to qualify Charles Dennis as an expert on contemporary community standards in Allen County, Indiana.

Thomas Bunger as Personal Representative of the Estate of Kenneth K. Kinney, and Cheryl Underwood v. Sheree Demming

40 N.E.3d 887 · Indiana Court of Appeals · Jul 22, 2015

Common-Law Agency Relationship [11] The trial court’s determination that Underwood and Demming had an agency relationship is not clearly erroneous. … Underwood argues that was error because Demming did not make a qualified settlement offer.

Burton v. Morrow

133 Ind. 221 · Indiana Supreme Court · Dec 20, 1892

He qualified and entered upon the discharge of his duties as such, and is still thus acting. … The facts found clearly show that the writing was executed, not as embodying the entire contract of the parties, but for the purpose of carrying into effect one of its incidental and collateral provisions.

Downs v. State

827 N.E.2d 646 · Indiana Court of Appeals · May 24, 2005

In Gardner, the defendant, though given use immunity, refused to testify against his fellow inmate in a drug case. … The petitioner in a post-conviction proceeding bears the burden of establishing grounds for relief by a preponderance of the evidence.

Patterson v. State

742 N.E.2d 4 · Indiana Court of Appeals · Dec 18, 2000

The results of the DNA analysis established that the *7 blood on the curtains inside Maciejewski’s home was consistent with Patterson’s DNA. … Because DNA testing was clearly not on the minds of the framers of the Federal Constitution, we utilize the traditional standards of reasonableness in addressing the subsequent testing of Patterson’s DNA.

Michael Thalheimer v. Ramon and Stacey Halum

973 N.E.2d 1145 · Indiana Court of Appeals · Aug 13, 2012

Keenan was qualified as a skilled witness to establish the standard of care in installing this type of floor. … Challengers must establish that the trial court’s findings are clearly erroneous. Findings are clearly erroneous when a review of the record leaves us firmly convinced a mistake has been made.

Courtney R. Robbins v. The Trustees of Indiana University and Clarian Health Partners, Inc.

45 N.E.3d 1 · Indiana Court of Appeals · Oct 2, 2015

Methodist Hospital, 690 N.E.2d 681, 682 (Ind.1997), a plurality of our supreme court “decline[d] to recognize” the tort, notwithstanding the insistence of two justices that “[f]or almost half a century, Indiana courts have clearly … See, e.g,, Doe v, Guthrie Clinic, Ltd., 22 N.Y.3d 480 , 982 N.Y.S.2d 431 , 5 N.E.3d 578, 581 (2014) (“A medical corporation may ... be liable in tort for faffing to establish adequate policies and procedures to safeguard

David Darst v. Indiana Dept. of Correction and Bruce Lemmon in his official capacity as Commissioner

Indiana Court of Appeals · Dec 27, 2012

Darst has not presented any argument concerning Commissioner Lemmon’s immunity, and we affirm the dismissal of Darst’s claim against Commissioner Lemmon. … directed by Indiana law, and in failing to establish the supervision of prison van transport officers.”

Jaggers v. State

687 N.E.2d 180 · Indiana Supreme Court · Nov 3, 1997

However, Leon cautioned that certain police conduct would not qualify for this exception, including where (1) the magistrate is “misled by information in an affidavit that the affiant knew was false or would have known was … By focusing on the totality of the circumstances, it clearly tracks the then-recent decision in Gates . 3 .

Pruitt v. State

557 N.E.2d 684 · Indiana Court of Appeals · Jul 31, 1990

Whether the trial court erred in refusing a tendered instruction quoting the privileges and immunities clause of the Indiana Constitution. 5. … In the present case, the separate counts of the information contain specific dates for each violation, thereby clearly defining several discrete occurrences of professional gambling.

Burkett v. American Family Insurance Group

737 N.E.2d 447 · Indiana Court of Appeals · Oct 31, 2000

The term “It” in the last sentence of the definition clearly refers back to the subject of the paragraph- — which is the definition of the term “relative.” … Thus, under the Burketts’ approach, a cause of action under Ind.Code § 9-24-9-4(a) would not accrue until after Prewitt, Jr.’s legal liability was established.

Mary and Ronald McDaniel, Individually and as Administrators of the Estate of Christopher L. McDaniel v. Stephen W. Robertson, Commissioner of the Indiana Department of Insurance (mem. dec.)

83 N.E.3d 765 · Indiana Court of Appeals · Sep 13, 2017

A judgment is clearly erroneous if it applies the wrong legal standard to properly found facts. Johnson v. Wysocki, 990 N.E.2d 456, 460 (Ind. 2013). … scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Myers v. State

718 N.E.2d 783 · Indiana Court of Appeals · Oct 27, 1999

An abuse of discretion occurs if the court’s decision is clearly against the logic and effect of the facts and circumstances before the court. McCullough v. Archbold Ladder Co., 605 N.E.2d 175, 180 (Ind.1993). … However, *787 the court’s written findings establish that the court did not rest its decision on Myers’ delay in filing the petition.

Melton v. Stephens

13 N.E.3d 533 · Indiana Court of Appeals · Jul 22, 2014

As such, the lex loci delicti is established in Illinois’ substantive law. B. … Relying on the Illinois precedent established in Murphy v.

Howard v. State

816 N.E.2d 948 · Indiana Court of Appeals · Oct 28, 2004

Accordingly, although the trial court did not adequately establish C.C.' … The record clearly shows that Count I differed in a factual element from Count II.

Haggerty v. Marion County Election Board

245 Ind. 565 · Indiana Supreme Court · Sep 22, 1964

Robert Fields posted bond, qualified and as *567 sumed the duties of sheriff accordingly. … Thereupon, on that day Robert Fields posted bond, qualified and assumed the duties of Sheriff.

Milosavljevic v. Brooks

55 F.R.D. 543 · District Court, N.D. Indiana · Jun 23, 1972

In the passage quoted above, the court qualified its statement by a footnote: “Assuming the ‘long arm’ statutes do not apply.” … The court’s hearing has established that the information given Schmoll was wrong.

In the Matter of the Termination of the Parent-Child Relationship of K.R., J.T.R., J.L.R., & E.R. (Minor Children) A.B. (Mother) and J.R. (Father) v. Indiana Department of Child Services

Indiana Supreme Court · Oct 15, 2020

“An abuse of discretion occurs when the decision is clearly against the logic and effect of the facts and circumstances and the error affects a party’s substantial rights.” Beasley v. … Further, we note that “[DCS] need not establish a perfect chain of custody, and once [DCS] strongly suggests the exact whereabouts of the evidence, any gaps go to the weight of the evidence and not to admissibility.”

United States v. Chiattello

599 F. Supp. 970 · District Court, N.D. Indiana · Jan 4, 1985

The standard for permitting a pretrial or interlocutory appeal of a double jeopardy claim was established in Abney v. … The “likely to result in reversal” standard is clearly a much more stringent requirement with the burden now placed on a defendant.

Ford v. State

112 Ind. 373 · Indiana Supreme Court · Nov 29, 1887

Indulging that presumption, and acting upon that rule, it must be held that it sufficientfy appears from the record here that the indictment was found and returned by a legal and duly qualified grand jury. … It was clearly erroneous. James Ford, an uncle of appellant, and father of James T. Ford, jointly indicted with appellant, was a witness for appellant.