Case law

Hightower v. State

735 N.E.2d 1209 · Indiana Court of Appeals · Oct 6, 2000

To establish fundamental error, however, the error “must be a substantial and blatant violation of basic principles rendering the trial unfair to the defendant.” Collins v. State, 567 N.E.2d 798, 801 (Ind. 1991). … Code § 35-50-1-2 , his conduct qualifies as a single episode of criminal conduct which would preclude his consecutive sentences.

Craig Vickery v. Ardagh Glass, Inc.

85 N.E.3d 852 · Indiana Court of Appeals · Oct 13, 2017

We can only conclude, therefore, that to meet the requirements of due process and the Indiana Trial Rules, this proceeding had to have qualified for the notice exception provided for by Indiana Trial Rule … [45] As discussed above, the trial court found sixteen general categories of information that qualify as trade secrets to which Vickery had access. Prelim. Inj. Order p. 50-51.

Patricia Terkosky v. Indiana Department of Education

996 N.E.2d 832 · Indiana Court of Appeals · Oct 24, 2013

Terkosky also argues that “teachers are entitled to use reasonable force to maintain classroom order” and that “it would be contradictory to condemn as ‘immoral’ conduct that enjoys qualified immunity,” and she cites to … immunity as a teacher managing a classroom).

Davis v. Carrington

District Court, N.D. Indiana · Feb 14, 2024

It is well established that the Entireties Exemption in Indiana prevents a judgment against one spouse from affixing as a lien to property held as tenants by entirety. … While Warsco is not squarely on point, and I think I would have to hesitate as qualifying it as controlling authority issued after Judge Brady’s opinion, it does give additional credence to my resounding feeling that Judge

Kohn v. Norfolk & Western Railway Co.

966 F. Supp. 789 · District Court, N.D. Indiana · Jun 11, 1997

FELA, by its very terms, applies only to claims brought by employees of a railroad that qualifies as a common carrier under the Act. … The record clearly establishes that Kohn was merely a truck driver who was fatally injured in an accident with a N&W train.

DeCalonne v. G.I. Consultants, Inc.

197 F. Supp. 2d 1126 · District Court, N.D. Indiana · Apr 10, 2002

DeCalonne was clearly employed pursuant to an employment contract. … Clearly, DeCalonne would have knowledge of whether Exhibit 14 was actually the letter he received from Hea-ton & Eadie.

Hightshue v. AIG Life Insurance

939 F. Supp. 1350 · District Court, S.D. Indiana · Sep 16, 1996

which he is reasonably qualified by reason of his education, training, or experience.” … Hightshue’s medical records, her respiratory problems clearly antedate the incident of June 9,1992.” Aiken Aff., Ex. B, p. B-313.

Perry v. State

904 N.E.2d 302 · Indiana Court of Appeals · Apr 14, 2009

The impact upon others may qualify as an aggravator in certain cases but "the defendant's actions must have had an impact on ... … That is clearly incorrect, however, inasmuch as voluntary manslaughter is statutorily defined as a crime of violence such that sentencing limitations on single episodes of criminal conduct do not apply.

Lott v. State

690 N.E.2d 204 · Indiana Supreme Court · Dec 23, 1997

Recantation by Harris Lott claims that Harris’s recantation of her trial testimony qualifies as newly discovered evidence requiring a new trial. … Mark Lott has not established abuse of discretion. Conclusion We affirm the judgement of the trial court. DICKSON, SULLIVAN and BOEHM, JJ., concur. SELBY, J., concurs in result: 1 .

State Ex Rel. Clemens v. Kern

215 Ind. 515 · Indiana Supreme Court · Apr 25, 1939

the appellant suggests that: (a) pension laws are to be liberally construed to effect their purpose; (b) that a statute ordinarily acts prospectively and not retrospectively; (c) that while a proviso in a statute usually qualifies … appellees advance the following propositions-: (a) that the grammatical construction of the clause, “those who have resigned, been removed or suspended, and have been reinstated by the board,” appearing in the third proviso, clearly

Retseck v. Fowler State Bank

782 N.E.2d 1022 · Indiana Court of Appeals · Feb 7, 2003

Approximately six months after establishing the trust, settlor adopted his wife's son. … This is so even in light of the use of the general term "children" without any qualifiers in several locations. The reason for this is that Myrtle's intent in providing for the four named grandchildren was clear.

State v. Cummins

171 Ind. 112 · Indiana Supreme Court · Jul 1, 1908

Wherefore relator prayed the issuance of an alternative writ of mandamus, commanding appellees to appoint two qualified members of said denomination to serve as such arbiters. … The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.

James Satterfield v. State of Indiana

Indiana Court of Appeals · Apr 16, 2015

Because of these strictly defined qualifiers in the case of murder or treason, each request for bail in those instances must be reviewed upon its individual merits. … A decision is an abuse of discretion when it “is clearly against the logic and effect of the facts and circumstances.” Prewitt v. State, 878 N.E.2d 184, 188 (Ind. 2007).

Shindler v. State

166 Ind. App. 258 · Indiana Court of Appeals · Oct 14, 1975

Clearly, we are not here concerned with a situation where Milhous never had possession of the money. … Newspapers, television and radio stations — Press associations — Employees and representatives — Immunity.

State ex rel. Burroughs v. Webster

41 L.R.A. 212 · Indiana Supreme Court · Jun 7, 1898

These are, however, questions for the legislature; and, so long as the act is not clearly in violation of any provision of the constitution, it cannot be held invalid. … Due consideration, therefore, for the protection of society .may well induce the state to exclude from practice those who have not such a license, or who are found upon examination not to be fully qualified.

Bardonner v. State

587 N.E.2d 1353 · Indiana Court of Appeals · Mar 12, 1992

In summary, the prosecutor's remarks were clearly improper. … Barlow would have testified that, 1) as a part of the plea agreement for an unrelated crime, Miller gave a "clean up" statement for other crimes he had committed; 2) Miller was given a limited immunity from prosecution for

Pendergrass v. State

889 N.E.2d 861 · Indiana Court of Appeals · Jul 8, 2008

An abuse of discretion occurs if a trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Id. … Conneally, which establishes a 99.9999% probability of Pendergrass being the fetus’ biological father.

Murphy Breeding Laboratory, Inc. v. West Central Conservancy District

828 N.E.2d 923 · Indiana Court of Appeals · Jun 8, 2005

Here, in support of its motion, WCCD clearly submitted matters and evidence outside the pleadings. … WCCD asserts that Charles Murphy's testimony establishes that damages to Tract 5 were part of the Condemnation Action.

Perigo v. State

541 N.E.2d 936 · Indiana Supreme Court · Aug 4, 1989

The Grigsby opinion held that the defendant was entitled to a hearing on whether a death-qualified jury was more likely to convict than a jury selected without regard for juror views on the death penalty, to establish whether … Clearly, one manner in which a person could discover such infidelity is by verbal communication.

Hicks v. State

213 Ind. 277 · Indiana Supreme Court · Nov 24, 1937

He qualified as an expert to testify as to the effect of 20. injuries sustained by Miller and the jury had the right to decide whether the evidence tended to prove the facts contained in the question. … And instruction No. 40 clearly shows to our mind that our interpretation of instruction No. 39 is correct.