Case law

Evans v. State

563 N.E.2d 1251 · Indiana Supreme Court · Dec 7, 1990

Appellant contends that death qualification is unconstitutional for two separate reasons: 1. death qualified juries are unduly guilt-prone and prosecution-prone and 2. the procedure of death qualifying a trial jury infringes … Here, in contrast, the rape is established by appellant’s own judicial statement.

Hogston v. Schroyer

449 N.E.2d 291 · Indiana Court of Appeals · May 23, 1983

Prairie Village, Inc., (1980) Ind.App., 401 N.E.2d 97, 100 , neither will we ignore it where it is clearly demonstrated. … Appellee maintains that counsel was merely attempting to establish a relationship between a motorcyclist's speed and the severity of his injuries.

Lazzell v. INDIANA FAMILY & SOCIAL SERVICES ADMIN.

775 N.E.2d 1113 · Indiana Court of Appeals · Sep 24, 2002

Therefore, to establish his income levels, Mr. Lazzell provided the OFC with a profit and loss statement covering the first five months of 2000. … Using the net income from the current year, the applicant would qualify for benefits, but, using the net income from the prior year, the applicant would not qualify.

Leisure v. Leisure

589 N.E.2d 1163 · Indiana Court of Appeals · Mar 30, 1992

That this is to be accomplished by a "Qualified Domestic Relations Order" to be prepared in a form hopefully acceptable to the U.S. Government. … If we conclude that the findings support the judgment and are not clearly erroneous, we will affirm the judgment.

Wabash, St. Louis & Pacific Railway Co. v. Locke

112 Ind. 404 · Indiana Supreme Court · Nov 30, 1887

exercise of due diligence and skill, might have been foreseen and prevented, and the person upon whom the injury *410 has fallen may have been one for whose safety and protection the defendant was at the time under some qualified … In some manner, not clearly explained, a child, in leaving the ferry-boat in company with its mother, fell through or over the guard and was drowned.

City of East Chicago v. State Ex Rel. Pitzer

227 Ind. 241 · Indiana Supreme Court · Mar 22, 1949

In so holding, we have construed the decree as establishing relators’ rights to receive compensation only for future service and not as establishing their rights to the same compensation as other members of the same rank … The statute clearly contemplates that there may be members of the fire force who are not participants in the firemen’s pension fund, § 48-6506, Burns’ 1933.

Carla Miller v. Indiana Gas Company, Inc

Indiana Court of Appeals · Feb 20, 2026

[25] Although Miller contends that Friend’s and Novak’s affidavits contain secondhand information, the affidavits clearly establish that both Friend and Novak were present at the scene of the Incident … The IURC’s investigation into the Incident was clearly relevant to determining the cause of the Incident.

Tonya Herron v. State of Indiana

44 N.E.3d 833 · Indiana Court of Appeals · Oct 14, 2015

State, we rejected such a claim, stating that “[t]his alone does not make the affidavit insufficient to establish probable cause.” 762 N.E.2d 153, 160 (Ind. Ct. App. 2002). … Reading the affidavit in this case, a magistrate would clearly have a substantial basis to believe that Officer Carey meant to allege that Herron operated a vehicle while intoxicated, but would not

Kent A. Easley v. State of Indiana, Shelby County Prosecutor's Office, R. Kent Apsley, J. Brad Landwerlen, Shelby Co. Probation Dept.,, Deanna Holder, Shelby Co. Superior Ct One Clerk

Indiana Court of Appeals · Jun 8, 2012

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of FILED establishing the defense of res judicata, … We will reverse only if the trial court’s decision is clearly against the logic and effect of the facts and circumstances. Progressive Ins. Co., 777 N.E.2d at 94. Id.

Hovis v. State

455 N.E.2d 577 · Indiana Supreme Court · Oct 31, 1983

The jury was excused while an immunity hearing was held at which the accomplice-witness was granted immunity. … Hardy's answers clearly indicate, that as they were discussing Mrs. Hardy's statement, the attorney held a copy of the statement in his hand.

Walker v. Ferguson (In Re Import & Mini Car Parts, Ltd.)

136 B.R. 178 · United States Bankruptcy Court, N.D. Indiana · Apr 8, 1991

Walker is currently serving as the duly appointed and qualified trustee of this Chapter 7 bankruptcy estate. … The distributive scheme established by § 726 is not graven in stone.

BEY

District Court, S.D. Indiana · May 11, 2026

This allegation fails to state a claim because it alleges actions that are clearly subject to prosecutorial immunity. Kalina v. … When stripped of the conclusory allegations, Plaintiff’s complaint lacks any factual allegations plausibly establishing any liability on part of defendants.

G.C. v. T.A.

24 N.E.3d 1020 · Indiana Court of Appeals · Jan 27, 2014

T.A.’s (“Father”) paternity to C.A. was established in the Tippecanoe Circuit Court. Father and G.C. … She is qualified to seek licensure here. Mother testified licen-sure could be completed in 3 months.

A.B. ex rel. Bell v. Franklin Township Community School Corp.

898 F. Supp. 2d 1067 · District Court, S.D. Indiana · Sep 28, 2012

The IHO’s Conclusion of Law # 15 was amended by the BSEA to provide: The evidence and testimony did establish clearly that a transition plan is necessary but did not establish what its components should be. … The IHO did not clearly err in determining that the School’s proposed placement met that standard.

Walden v. Indiana State Personel Board

250 Ind. 93 · Indiana Supreme Court · Apr 1, 1968

. *94 In order to keep in proper perspective and clearly delineate the issues here to be determined we deem it advisable to set out in chronological order the various steps taken by the parties hereto. … The record is entirely devoid as to any rule or regulation, established Policy of the New Castle State Hospital, or Indiana Department of Mental Health, or law of the State of Indiana upon which this charge is based. B.

Nobles v. Cartwright

659 N.E.2d 1064 · Indiana Court of Appeals · Dec 21, 1995

Clearly, the Lottery Director has the authority to enter into contracts upon the Lottery Commission's behalf. See Indiana Admin.Code tit. 65, r. 1-1-9 (1992). … Appellants also argue that discretionary immunity renders them immune from an invasion of privacy claim and, alternatively, that Cartwright has waived her right to pursue such a claim because of her public statements regarding

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

178 Ind. 691 · Indiana Supreme Court · Dec 19, 1912

Acts indicate the intention, and upon the intention clearly expressed by open acts and visible conduct *697 the public and individual citizens may act. … In arriving at such difference it certainly was competent to permit witnesses, who were qualified as to knowledge of such values, to give the same about the time in question, that is, the value before the obstruction was

Parnell Dion Lanier v. State of Indiana

Indiana Court of Appeals · Nov 3, 2025

“We review de novo a ruling on the constitutionality of a search or seizure, but we give deference to a trial court’s determination of the facts, which will not be overturned unless clearly erroneous.” … “Probable cause to search a vehicle is established if, under the ‘totality of the circumstances’ there is a ‘fair probability’ Court of Appeals of Indiana | Opinion 25A-CR-769 | November 3, 2025

Brewer v. State

253 Ind. 154 · Indiana Supreme Court · Nov 14, 1969

He makes no claim that the statute excludes women or any other qualified class of citizens from juries. … An examination of cases dealing with the question of insanity and irresistible impulse clearly demonstrates the variety of ways in which this same rule may be enunciated. See Warren v. State, supra; Whitaker v.

Roloff v. Sullivan

772 F. Supp. 1083 · District Court, N.D. Indiana · Jul 24, 1991

The plaintiffs contend that Indiana’s Medicaid criteria on January 1, 1972 allowed for the following: Applicants or recipients who did not have resources below that required to qualify for benefits could establish their eligibility … Clearly, Indiana could adopt eligibility policies different from those currently utilized by the IDPW.