Case law

Valencia A. Jackson v. Kenneth S. Jackson (mem. dec.)

Indiana Court of Appeals · Aug 21, 2018

Whether Father qualified for a modification of his child support order; III. … And therefore, we will set aside a child support modification order if it is clearly erroneous. Bogner v.

Ty Evans v. State of Indiana

Indiana Court of Appeals · May 1, 2023

Court of Appeals of Indiana | Opinion 22A-PC-220| May 1, 2023 Page 7 of 20 pled guilty to the habitual offender allegation, he did not qualify for the habitual offender enhancement under … “We review the post-conviction court’s factual findings under a ‘clearly erroneous’ standard but do not defer to the post-conviction court’s legal conclusions.” Stephenson v.

Dudley v. State

480 N.E.2d 881 · Indiana Supreme Court · Jul 15, 1985

It is well established that the purpose of establishing a chain of custody for seized evidence is to show a complete chain of possession from the original receiver to the final custodian, thus connecting the evidence in question … The trial court ordered a 1976 felony conviction be stricken since the exact date of the conviction was not established.

Jeremy K. Blue v. State of Indiana

Indiana Court of Appeals · Dec 12, 2014

Blue has not established that he was prejudiced by the manner in which the trial court instructed the jury. II. … “Transactional immunity” by contrast is a prohibition against prosecution for any transaction concerning that to which the witness testifies. Id. Perry was not granted that kind of immunity.

Jill Finfrock a/k/a Jill Bastone v. Mark Finfrock

989 N.E.2d 805 · Indiana Court of Appeals · May 29, 2013

Father immediately retained counsel, and on July 15, 2011, filed a motion to set the amount of his child support arrearage and to establish a payment plan. … Mother claims that this finding is clearly erroneous. However, Mother has not provided us with a transcript of the June 20, 2012 hearing.

In Re the Mental Commitment of M.P.

500 N.E.2d 216 · Indiana Court of Appeals · Nov 18, 1986

Initially, the party seeking the treatment order must establish the patient's incompetency. … As already noted, the fact that the patient has been involuntarily certified for mental health treatment does not by itself establish the patient's incompetency to make treatment decisions.

Indiana High School Athletic Ass'n v. Reyes

659 N.E.2d 158 · Indiana Court of Appeals · Dec 11, 1995

[Reyes] has failed to establish that there is, in his particular case, cireum-stances [sic] showing that an undue hardship would result from enforcement of the IHSAA Eight-Semester Rule. [Reyes! … Application for a hardship exception may be made by any student who believes that he or she may qualify.

Underwood v. Waddell

743 F. Supp. 1291 · District Court, S.D. Indiana · Jul 23, 1990

The Court ruled that Waddell was entitled to qualified immunity on the due process claim, but that Underwood had, on the basis of his allegations in the Complaint, stated a claim under the First Amendment. … At this juncture, however, the issues are more clearly framed and there is no reason to delay ruling on these matters.

Lytle v. Ford Motor Co.

696 N.E.2d 465 · Indiana Court of Appeals · Jun 30, 1998

Given Marcosky’s credentials, there is no doubt that he qualifies as an expert. … Thus, although Peterson’s pendulum tests are clearly more complex and reliable than Marcosky’s, they serve only to demonstrate that a buckle will inertially release at accelerations of 40-60 g’s when accompanied by low web

Collins

District Court, N.D. Indiana · Mar 31, 2026

This would mean he financially qualifies to proceed in forma pauperis. But that is of no moment here because reviewing Collins’s allegations liberally, his complaint must be dismissed. … And nothing in the complaint establishes that any of the Defendants are subject to personal 2 See https://www.uscourts.gov/sites/default/files/document/poverty-guidelines.pdf (150% Poverty Guideline table).

Allen v. State

686 N.E.2d 760 · Indiana Supreme Court · Sep 25, 1997

State, 644 N.E.2d 565 (Ind.1994), and the precedents established in Bellmore and Bivins . … To be "fundamental eiror” it must constitute a clearly blatant violation of basic and elementary principles, and the harm or potential for harm therefrom must be substantial and appear clearly and prospectively.

Tinsley v. General Motors Corp.

622 F. Supp. 1547 · District Court, N.D. Indiana · Dec 6, 1985

benefit plan also provides for Extended Disability benefits of 60% of “monthly base salary” from the time the Sickness and Accident benefits expire until the employee reaches age sixty-five provided the employee is medically qualified … These two points clearly establish that Tinsley’s interpretation of the Handbook and the various benefit formulae is incorrect, and that GM’s interpretation is consistent with the Handbook and the plan.

Elijah Roberson v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 20, 2016

“An abuse of discretion has occurred when the court’s decision was clearly against the logic and effect of the facts and circumstances before the court.” Id. at 359 (internal quotation omitted). … [6] Roberson qualifies as a violent criminal. See Ind. Code § 35-38-1-17(d)(10).

Pollard v. State

252 Ind. 513 · Indiana Supreme Court · Sep 24, 1969

Judge Miller qualified as special judge on February 3,1967. … After establishing that the right to a change of venue is statutory and consequently must be governed by the provisions and prohibitions of the statute, the court asserts the proposition that where the statute limits the

In Re Adoption of JDC

751 N.E.2d 747 · Indiana Court of Appeals · Jun 22, 2001

Thus, we review such a decision for an abuse of discretion, which only occurs where the trial court's judgment is clearly against the *749 logic and effect of the facts and inferences supporting the judgment for relief. … In Robert O., the New York Court of Appeals concluded that the putative father's notice or consent was not needed for the adoption where he failed to avail himself of the methods to qualify for notice until some ten months

Center Townhouse Corp. v. City of Mishawaka

882 N.E.2d 762 · Indiana Court of Appeals · Mar 20, 2008

Stated differently, they constitute property rights of a qualified or restricted nature. Id. II. … Waiver notwithstanding, the City further failed to meet its burden to establish that the trial court’s judgment was clearly erroneous.

FRAZIER v. QUEST DIAGNOSTICS

District Court, S.D. Indiana · Apr 22, 2025

An allegation is frivolous when it is "clearly baseless, fanciful, fantastic, delusional, irrational, or wholly incredible." Felton v. … As a practical matter, there are not enough lawyers willing and qualified to accept a pro bono assignment in every pro se case. See Watts v.

IN RE THE ADOPTION OF A.G. & Ju.G. A.R. v. M.G. & Je.G. (mem. dec.)

Indiana Court of Appeals · Mar 7, 2019

Court of Appeals of Indiana | Memorandum Decision 18A-AD-267 | March 7, 2019 Page 8 of 10 [17] The record clearly and convincingly establishes that Mother is unfit to parent the Children. … The evidence clearly and convincingly establishes that dispensing with Mother’s consent to the adoption was in the best interests of the Children.

Indiana University v. Hartwell

174 Ind. App. 325 · Indiana Court of Appeals · Sep 26, 1977

Clearly, Semler’s employment and its incidents could have no probative value to support the finding of discrimination where that discrimination had already concluded. … The Court then qualified that statement: “However, the policy of the Legislature and the standards to guide the administrative agency may be laid down in very broad and general terms.

Cheryl L McIntosh v. Roberta I McIntosh

Indiana Court of Appeals · Oct 30, 2023

This finding is not clearly erroneous. 2. … [24] The evidence presented at trial established Roberta was ninety-two years old and suffered from dementia. The trial court heard testimony about two instances of Jimmy yelling in Roberta’s face.