Case law

Murray v. State

798 N.E.2d 895 · Indiana Court of Appeals · Nov 19, 2003

Indeed, as to the amount of pseudoephedrine, possession of any amount would qualify as possession of a precursor. … This evidence is clearly sufficient to sustain the conviction for possession of precursors.

Old Colony Insurance v. Kolmer

78 Ind. App. 479 · Indiana Court of Appeals · Jun 27, 1923

We also observe that the term “equipment” is not limited or qualified in any way, except that it must be of the automobile. … We are clearly of the opinion that it cannot be done, as to do so would give too much importance to a comparatively immaterial fact.

Raymond D. White v. Yvonne R. White (mem. dec.)

Indiana Court of Appeals · Jul 20, 2015

Court of Appeals of Indiana | Memorandum Decision 25A05-1407-DR-344 | July 20, 2015 Page 6 of 16  A decision is clearly erroneous if it is clearly against the logic and effect of the facts and … “Findings are clearly erroneous if there are no facts in the record to support them either directly or by inference, and a judgment is clearly erroneous if the wrong legal standard is applied to properly found

Clark's Sales and Service, Inc v. John D. Smith and Ferguson Enterprises, Inc.

4 N.E.3d 772 · Indiana Court of Appeals · Feb 20, 2014

The Restrictive Covenant in front of this [C]ourt does not contain any qualifiers on the customers in question, such as “past” or “present,” and only refers to those past customers of Clark’s from 2004-2012 and, therefore … We will not disturb the findings or judgment unless they are clearly erroneous. Id.

Jason McMickle v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 24, 2019

We will reverse only if the trial court’s ruling was clearly against the logic and effect of the facts and circumstances before it. Id. … “[T]he State need not establish a perfect chain of custody whereby any gaps go to the weight of the evidence and not to admissibility.” Id.

T.B. v. Indiana Department of Child Services

921 N.E.2d 494 · Indiana Supreme Court · Nov 30, 2009

From the time of her release until March, 2007, Mother had not established suitable housing for her children, had not maintained stable employment, and had not complied with court orders regarding treatment for her drug problem … while the Addendum impermissi-bly interferes with the open adoption statutes' grants of authority to adoption courts and of consent rights to adoptive parents, the colloquy between the trial court, Mother, and her counsel clearly

Janice Brandom v. Coupled Products, LLC

975 N.E.2d 382 · Indiana Court of Appeals · Sep 21, 2012

Courts have adopted these categories as a useful framework for analyzing whether a statement implicates an issue of public interest and thus qualifies for anti-SLAPP protection. … Nexus argues that this evidence establishes Heritage’s bad faith.

Ault v. Brewer

922 N.E.2d 82 · Indiana Court of Appeals · Mar 2, 2010

The stroke caused Toby to have difficulty walking, made her weak, and at times she would have difficulty speaking clearly. … (b) With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian.

Deryan Oneil Cook v. State of Indiana

119 N.E.3d 1092 · Indiana Court of Appeals · Feb 18, 2019

he had developed a bias or a belief that [Cook] was the shooter, that he took no steps to Court of Appeals of Indiana |Opinion 18A-CR-348 | February 18, 2019 Page 5 of 11  establish … An abuse of discretion occurs if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court had misinterpreted the law.

Indiana Department of State Revenue v. Colpaert Realty Corp.

231 Ind. 463 · Indiana Supreme Court · Dec 16, 1952

E. 2d 150 : “Unless the transaction comes clearly within one of the provisions of this definition it cannot be *469 taxed as gross income. … Revenue Bd., supra. *471 *470 The statute provides that the payment by a third party of the taxpayer’s debts- or other obligations for *471 his direct benefit qualifies as the constructive receipt of gross income.

Blythe v. Gibbons

141 Ind. 332 · Indiana Supreme Court · Nov 28, 1893

Blythe, was appointed in accordance with the prayer of their complaint, who was qualified, gave bond and filed an inventory. … The evidence discloses pretty clearly that such an order as that would have found no one ready to invest money and would have prevented the receiver from borrowing any more money.

State Ex Rel. Harris v. Superior Court

245 Ind. 339 · Indiana Supreme Court · Apr 17, 1964

. *350 It is further well and firmly established that the jurisdiction and power of courts of equity to issue restraining orders and injunctions is limited to the protection of civil and property rights. State ex rel. … An administrative agency of the state can grant special privileges and immunities under the police power of the state, whether for the protection of morals, health or safety, with absolute impunity from judicial review, only

Timothy E. Strowmatt v. Indiana Department of Correction (mem. dec.)

Indiana Court of Appeals · Jun 15, 2016

As noted above, Strowmatt was advised that his current crimes as well as his past crimes qualified as sex offenses. … The first step is to determine if the legislature meant the statute to establish civil proceedings.

Bloemker v. Detroit Diesel Corp.

655 N.E.2d 117 · Indiana Court of Appeals · Sep 7, 1995

As we stated in Stump: "The 'seller' of [al defective product is immune from suit after the prescribed period of time has elapsed.... … Dorsey Corp. (1993), Ind.App., 609 N.E.2d 1191 , trans. denied, we considered the question of who qualifies as a seller within the meaning of the Act.

Hensley v. Jasper Police Department

163 F. Supp. 2d 1006 · District Court, S.D. Indiana · Sep 26, 2001

immunity. … Neither do we need to address whether Henley’s actions in serving the affidavits caused his termination, or whether the individual defendants are entitled to qualified immunity.

Drogosz v. Newkirk

District Court, N.D. Indiana · Feb 23, 2023

The district court “ruled that Reed was entitled to qualified immunity on Clark’s retaliation claim because it was not clearly established that a threat to file a grievance was protected speech.” Id. at 354. … Drogosz argues this case is not relevant because “the Clark court clearly states the Bridges case does not clearly establish if a threat to file a grievance is protected speech.” ECF 10 at ¶ 34.

Conrad v. Hansen

171 Ind. 43 · Indiana Supreme Court · Oct 9, 1908

whether there was a conspiracy on the part of the petitioners, or some of them, to make fifteen of their number freeholders by procuring the conveyance to them of a certain lot' in Lakeville, in said township, and thereby qualifying … The rule that this court cannot weigh the evidence is clearly applicable here. American Varnish Co. v. Reed (1900), 154 Ind. 88, 91 ; Chicago, etc., R. Co. v. State, ex rel. (1902), 158 Ind. 189, 195 ; Lee v.

Thompson v. State

796 N.E.2d 834 · Indiana Court of Appeals · Oct 7, 2003

In order for newly-discovered evidence to merit relief, the claimant must establish each of the following prongs: (1) that the evidence was not available at trial; (2) that it is material and relevant; (3) that it is not … The Burris statement in that regard, that Thompson did not know "what was going on," clearly concerned the murder of Chambers, i.e. "the cause or circumstances of [Burris's] impending death."

In Re the Matter of J.G. and J.T. (Minor Children), Children in Need of Services S.B. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Feb 4, 2019

Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Feb 04 2019, 9:03 am court except for the purpose of establishing … The Court finds Hannah Lyman[, a DCS family case manager (“FCM”),] is qualified, experienced[,] and credible. Multiple times while Ms.

North American Van Lines, Inc. v. United States

217 F. Supp. 837 · District Court, N.D. Indiana · May 31, 1963

It is sufficient to note, without detailing the evidence, that plaintiff is likewise well qualified to handle the shipper’s transportation of uncrated pianos. … It should be noted that the record and findings made, after consideration of the exceptions, adequately establish the basis of the Commission’s action.