Case law

STATE EX REL. INDIANAPOLIS WATER v. Boone Cir. Ct.

307 N.E.2d 870 · Indiana Supreme Court · Mar 6, 1974

As an administrative agency, it is presumed to be qualified by knowledge and experience to perform this function. … However, in light of the majority opinion reaching the merits of petitioners' case, I also dissent, because the petitioners have failed to sustain their burden before this Court to establish clearly that the trial court has

Thomas Moriarty, as Personal Representative of the Estate of Donna Davis v. West Morgan, LLC (mem. dec.)

Indiana Court of Appeals · Jun 8, 2016

[35] Turning to Exhibit I, Moriarty argues the receipts are inadmissible because they do not qualify as business records as defined by Indiana Evidence Rule 803(6). … The Court concluded the vendees’ defeasible title was insufficient to establish color of title.

Board of Commissioners v. Shields

130 Ind. 6 · Indiana Supreme Court · Dec 1, 1891

This is clearly shown by Zollars, J., speaking for the court in the case of Reubelt v. … with a firm of attorneys to act as county attorneys for a period of three years from a certain date in the future — the date fixed being the day when one of its members would retire from the board and his successor would qualify

Palm v. Morlan

147 Ind. App. 168 · Indiana Court of Appeals · Jun 11, 1970

third and fourth classes, and to appoint, in cities of the fifth class, a city marshal, chief of the fire force and street commissioner, all of which appointees shall hold office until their successors are appointed and qualified … However, we find no statutory provision which specifically establishes an age and residence requirement for the chief of police of fifth class cities.

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.

Blackwell v. Review Board of the Indiana Department of Employment & Training Services

560 N.E.2d 674 · Indiana Court of Appeals · Oct 10, 1990

Also, he qualified the rule by saying it is a dismissal, unless the employee is clocking out to go home at the end of the shift, or going out to eat lunch or "something like that". … McGlothlin's testimony also clearly shows that he understood that Blackwell "had to leave" and "could not possibly stay".

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

Timothy W.C. Thompson v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 23, 2020

shall not be Jun 23 2020, 10:55 am regarded as precedent or cited before any CLERK court except for the purpose of establishing … Thompson argues that the two packages of adulterated methamphetamine do not qualify as pure methamphetamine because of the presence of the other substance.

State v. Swift

69 Ind. 505 · Indiana Supreme Court · May 15, 1880

The county answered, that, although more than two-thirds voted at the election, two-thirds of the qualified voters of the township did not vote, in favor of issuing the bonds. … Any other rule would be productive of the greatest inconvenience, and ought not to be adopted, unless the legislative will to that effect is clearly expressed.” County of Cass v. Johnston, 5 Otto, 360 ; St.

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.

Blough v. Parry

144 Ind. 463 · Indiana Supreme Court · Apr 3, 1896

the jury that if at the time the testator executed the will “he was of unsound mind, then it will be your duty in like manner *487 to find for the plaintiffs,” does not require them to so find, even though the evidence clearly … That holding is that such adjudication conclusively establishes his inability to manage his estate, but does not necessarily establish testamentary incapacity, yet" that it was prima facie evidence of such incapacity and

Harrison v. State

269 Ind. 677 · Indiana Supreme Court · Dec 1, 1978

Appellant presents two claims in this regard: (1) that the state failed to present evidence, independent of appellant's confession, to establish corpus delicti, and; (2) that the uncontradicted evidence established that appellant … State, supra , it is clear that a confession is inadmissible if it was obtained by a promise of immunity or mitigation of punishment.

In Re White

417 B.R. 102 · United States Bankruptcy Court, S.D. Indiana · Sep 29, 2009

Negative equity is clearly not in the nature of or in any way similar to the types of expenses cited in the Comment. … which those courts draw from, however, are designed to inform consumers of the true cost of credit and have absolutely nothing to do with secured transactions or the function of the cited bankruptcy statute, which is to establish

Delta Airlines v. Cook

816 N.E.2d 448 · Indiana Court of Appeals · Oct 19, 2004

The importance of § 18371(q) cannot be understated, for it can only be understood to qualify the scope of "services" removed from state regulation by § 18305(a)(1). … It did not intend to immunize the airlines from liability for personal injuries caused by their tortious conduct.

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.

Convention Headquarters Hotels LLC v. Marion County Assessor

Indiana Tax Court · May 24, 2024

To 10 The Indiana Constitution Equal Privileges and Immunities Clause states that “[t]he General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall … That said, the property record cards presented as evidence 24 contradict Convention HQ’s claim because they clearly show that numerous changes were made before construction was completed. (See Exs. P-1 to P-61; Exs.

Ashabraner v. Bowers

753 N.E.2d 662 · Indiana Supreme Court · Aug 30, 2001

Ashabraner appealed, claiming that Bowers used a racially-based peremptory challenge, an expert witness was not qualified, and the trial court erred in regard to two instructions. … Because Batson applies to civil cases, the trial court was clearly wrong to conclude that "peremptory challenges can be utilized for any reason." (R. at 182.)

Kessen v. Graft

694 N.E.2d 317 · Indiana Court of Appeals · May 4, 1998

The legislature has, however, in the current version of the statutes authorizing tax sales and tax deeds, clearly taken the position that erroneously issued deeds are merely voidable. … While I would find that attacking the deed through T.R. 60 was proper, I would find that no abuse of discretion has been established in the determination that the motion was filed too late.

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.

J R v. Indiana Department of Child Services

Indiana Court of Appeals · Apr 29, 2024

[17] Following the issuance of the Final Agency Action, a qualifying party may then file a petition for judicial review with the appropriate trial court pursuant to the Administrative Orders and Procedures … Code § 31-33-8-7 . . . to determine whether a report is substantiated is clearly distinct from the coercive intervention of DCS on behalf of the state under . . . CHINS proceedings”).