Case law

Clark v. Review Board of the Department of Employment & Training Services

534 N.E.2d 260 · Indiana Court of Appeals · Feb 21, 1989

Clark indicated he discussed the problem with his wife and minister and decided to wait until the end of his probationary period which he indicated was only a short time, in order to qualify for a transfer and to establish … One can, of course, imagine an asserted claim so bizarre, so clearly nonreligious in motivation, as not to be entitled to protection under the Free Exercise Clause; but that is not the case here, and the guarantee of free

State v. Lincoln Memory Gardens, Inc.

242 Ind. 206 · Indiana Supreme Court · Oct 26, 1961

The evidence further shows that the area was platted by experienced and qualified cemetery architects; that 370 families have purchased 1,162 interment lots in the “Garden of the Last Supper,” and 15,200 burial spaces have … That is not the situation in the present case as clearly appears from the statement of facts hereinabove set out and which we deem unnecessary to repeat here.

James K. Melton, Perdue Foods, LLC f/k/a Perdue Farms Incorporated and FPP Business Services, Inc. v. Chad Stephens, Guardian of the Person and Estate of Stacy S. Stephens and Chad Stephens

Indiana Court of Appeals · Jul 22, 2014

A judgment is clearly erroneous when the findings of fact and conclusions thereon do not support it. Id. … Relying on the Illinois precedent established in Murphy v. Mancari’s Chrysler Plymouth, Inc., 948 N.E.2d 233 (Ill. Ct.

Sheila Gonzalez and Rod Gonzalez v. Sara Ritz, Northern Indiana Public Service Company, Porter County Drug Task Force, and Town of Chesterton

102 N.E.3d 910 · Indiana Court of Appeals · May 21, 2018

Court of Appeals of Indiana | Opinion 64A04-1712-CT-2850 | May 21, 2018 Page 11 of 12  Sheila’s testimony may qualify for admissibility. … At the very least, Appellees have failed to establish that it would certainly not be admissible at a trial.

Bibbs v. Newman

997 F. Supp. 1174 · District Court, S.D. Indiana · Feb 27, 1998

A prosecuting attorney in' Indiana clearly acts as a state official when prosecuting criminal cases. See Study v. United States, 782 F.Supp. 1293, 1297 (S.D.Ind.1991); see also Ind. … A political subdivision cannot invoke a state’s sovereign immunity under the Eleventh Amendment.

Ohio & Mississippi Railway Co. v. Stein

140 Ind. 61 · Indiana Supreme Court · Dec 21, 1894

No harm, therefore, could have been caused by the exclusion of the fireman’s testimony as to the engineer’s practice, even if he were shown qualified to give such testimony, which we think he was not. … The instruction as to expenses for medical services is clearly erroneous. But it is conceded that there was no evidence as to the value of such services, or as to any amount paid by appellee therefor.

Kirkpatrick v. City of Greensburg

113 Ind. App. 402 · Indiana Court of Appeals · Mar 13, 1943

Butler were the duly appointed, qualified and acting members of the board of trustees of the Greensburg Municipal Water Works, and, as such trustees, have had control and management of the water works system since the 23rd … It clearly intended to do so, and the city was free to follow the method provided by either act.” Hamilton v. Public Service Commission, supra.

Barnes v. State

634 N.E.2d 46 · Indiana Supreme Court · May 6, 1994

Appellant claims that his statement and testimony concerning other instances of the use of a gun would not qualify. … He claims that failure to find mitigating cireum-stances when they are clearly supported by the record may imply they were overlooked and not properly considered. Scheckel v. State (1993), Ind., 620 N.E.2d 681 .

Specialty Furniture Co. v. Rusche

212 Ind. 184 · Indiana Supreme Court · Mar 19, 1937

The receiver duly qualified. … These facts brought the cause clearly within the fifth clause of the statute.

Moore v. Parke

968 F. Supp. 1338 · District Court, N.D. Indiana · Jun 25, 1997

Thus, this court must determine whether the state court’s reliance on Weatherford qualifies as an adequate and independent state ground to warrant a finding of procedural default. 1 As a general rule, federal district courts … Again, a careful review of the record in this case clearly shows that Moore has failed to sufficiently establish that a finding of procedural default on these claims will result in a fundamental miscarriage of justice in

In the Matter of the Termination of Parental Rights of: Z.C. (Minor Child), and A.C. (Mother) & R.M. (Father) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Feb 5, 2020

Additionally, [Child] Court of Appeals of Indiana | Memorandum Decision 19A-JT-1778 | February 5, 2020 Page 2 of 19  was behind on immunizations. … In light of the applicable clear and convincing evidence standard, we review to determine whether the evidence clearly and convincingly supports the findings and whether the findings clearly and convincingly

Parrill v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

23 Ind. App. 638 · Indiana Court of Appeals · Jan 10, 1900

The evidence showed that the goods were lost by fire, and clearly indicated that they were so lost without any negligence on the part of the carrier. … App. 218 , it was said to be the established rule in this State that where the action is upon an implied contract or for an alleged breach of the carrier’s common law duty, and it is found on the trial that the goods were

Indianapolis Podiatry, P.C. v. Efroymson

720 N.E.2d 376 · Indiana Court of Appeals · Nov 29, 1999

The trial court’s determination that the portions of the Karlson and Knauer affidavits at issue contained inadmissible legal conclusions and opinions as to Indiana law was not clearly erroneous. … Both Ice Miller and Podiatry address on appeal the question whether Karlson and Knauer were properly qualified as experts.

Burd Management, LLC v. State

805 N.E.2d 1274 · Indiana Court of Appeals · Apr 12, 2004

The eminent domain act and its case law clearly mandate that the State is required to make a good faith effort to *1278 purchase as a condition precedent to filing a condemnation action. … if raised, of whether a good faith offer was *1280 made may customarily be disposed of by the State by a request for summary judgment accompanied by an affidavit representing that the offer was based on an appraisal by a qualified

Callaway v. Mellett

15 Ind. App. 366 · Indiana Court of Appeals · May 26, 1896

A mere receipt may be explained, controlled, qualified or even contradicted by parol evidence. Pauley v. Weisart, 59 Ind. 241 ; Beedle v. State, ex rel., 62 Ind. 26 ; Lash v. Rendell, 72 Ind. 475 ; Landers v. … This custom is established, and all seeking transportation are bound to take notice of it. Of course, the contracts of carriage may be general or special.

In Re Marriage of Lopp

370 N.E.2d 977 · Indiana Court of Appeals · Dec 28, 1977

It is an established rule of statutory construction that effect will be given to the plain and unambiguous meaning of the words used. United States v. … Congress explicitly and meticulously detailed the exemptions from the control of the act, and no spousal immunity was listed among those exceptions.

Stevens v. McBride

492 F. Supp. 2d 928 · District Court, N.D. Indiana · Jan 13, 2005

The clearly established law on the Sixth Amendment was presented in Strickland v. … These cases do not constitute clearly established law as to the question of stun belts.

Sunman-Dearborn Community School Corp. v. Kral-Zepf-Freitag & Associates

167 Ind. App. 339 · Indiana Court of Appeals · Dec 23, 1975

The contract here in question clearly designates as a party the North Dearborn Elementary School Building Corporation, as opposed to the respective school townships. … Further, two of the three township trustees executing the contract qualified their signatures indicating their capacities as officers of the building corporation. *344 Krai, however, insists that the trustees signed not as

Bureau of Motor Vehicles v. Pentecostal House of Prayer, Inc.

269 Ind. 361 · Indiana Supreme Court · Oct 10, 1978

This statute reads as follows: “(a) The department, shall upon proper application and the payment of the required fee, issue to every applicant qualifying therefore a permit or license as applied for. *363 (b) Every such … Clearly, the photograph requirement has placed the appellees in a dilemma requiring to choose between violating an important religious principle or surrendering their driving privileges.

Conter, Treasurer v. State Ex Rel. Berezner

211 Ind. 659 · Indiana Supreme Court · Apr 29, 1937

Conter was the duly elected, qualified and acting treasurer of Lake County, Indiana, and_ was ex-officio treasurer of the City of Gary, Indiana, at the time the action herein was commenced. … Appellant submits that in the light of the case cited above, Section 2, Chapter 317, Acts of 1935 is clearly unconstitutional as impairing the obligation of contracts.”