Case law

Brandon Francis Schaefer v. State of Indiana

Indiana Court of Appeals · Apr 11, 2025

Schaefer’s educational records before interviewing him regarding special education support in 2018, that Schaefer had reported “meltdowns, nervous breakdowns, those kinds of things,” and that he qualified … [31] It is well settled that “a defendant in Indiana can avoid criminal responsibility by successfully raising and establishing the ‘insanity defense.’” Galloway v.

Baugh v. State

926 N.E.2d 497 · Indiana Court of Appeals · May 5, 2010

Here, the evidence established that Baugh committed sexual misconduct with Z-specifically, sexual intercourse-on two occasions. … To qualify as fundamental, an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible.

State Ex Rel. Mavity v. Tyndall

224 Ind. 364 · Indiana Supreme Court · May 24, 1946

His fingerprints, if they are to be of any value to the police, must be filed in a cabinet and indexed in such a manner that they may be found by one who is qualified to read them. … By amending his complaint the issues for trial may and should be more simply and clearly stated.

Duane Turner v. State of Indiana

974 N.E.2d 575 · Indiana Court of Appeals · Sep 19, 2012

Meunier qualified that his observations were based on general “everyday observations and everyday behaviors.” … A petitioner must establish his claims to post-conviction relief by a preponderance of the evidence. P-C.R. 1, § 5.

Shutt v. State

267 Ind. 110 · Indiana Supreme Court · Oct 21, 1977

Venables, a qualified pathologist, testified that he did an autopsy on the body of the decedent and made several tests, including tests of the blood of the decedent. … It appears very clearly that the decedent had come to the pool hall for the express purpose of having a physical confrontation with the defendant and was not going to be denied.

Clark County Assessor v. Dillard Department Stores, Inc.

Indiana Tax Court · Jun 5, 2024

DISCUSSION AND DECISION The dispute in this case centers around the income approach estimate prepared by Dillard’s appraiser to establish the value of its property. … A reviewing court may overturn a decision for lack of substantial evidence only if the agency’s conclusions are shown to be clearly erroneous in light of all of the evidence. Moriarity v. Indiana Dep’t Nat.

ALEXANDER

District Court, S.D. Indiana · Apr 1, 2026

An allegation is factually frivolous when it is "clearly baseless, fanciful, fantastic, delusional, irrational, or wholly incredible." Felton v. City of Chicago, 827 F.3d 632, 635 (7th Cir. 2016) (cleaned up). … 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.

Board of Zoning Appeals v. Leisz

702 N.E.2d 1026 · Indiana Supreme Court · Dec 2, 1998

The landowners make a qualified concession in this regard: “The Leiszs concede that the city may require a grandfather registration form to be filled out by lawful, pre-existing, non-conforming use and that recordkeeping … Accordingly, we now re-examine our holding in Ailes , which clearly represents a minority view and is inconsistent with decisions in other jurisdictions interpreting the federal constitution.

Luxurious Swimming Pools, Inc. v. Tepe

177 Ind. App. 384 · Indiana Court of Appeals · Aug 28, 1978

This role may clearly be denominated as being supervisory. McDaniel’s work represents an integration of planning, supervisory, and construction skills. He was also the sole supervisory authority on *388 this project. … However, this statement is qualified by a reference in Russ to the holding *389 of Rubin v. Coles (City Ct. N.Y. 1931), 142 Misc. 139 , 253 N.Y.S. 808 . Russ, supra, 133 N.Y.S.2d at 646.

In the Adoption of S.M.: S.D. v. K.W. and S.W. (mem. dec.)

Indiana Court of Appeals · Aug 14, 2020

“A judgment is clearly erroneous when there is no evidence supporting the findings or the findings fail to support the judgment.” Id. … This evidence establishes that Mother failed to communicate with child for at least one year.

John W. Schoettmer and Karen Schoettmer v. Jolene C. Wright and South Central Community Action Program, Inc.

971 N.E.2d 118 · Indiana Court of Appeals · Jul 13, 2012

He amended his answer to Szarmach’s complaint and moved for summary judgment on the ground he was immune from Szarmach’s tort claim as a government agent because Szarmach did not comply with the notice provision of the … The Schoettmers were unaware of South Central’s governmental status, Cincinnati Insurance made representations upon which the Schoettmers justifiably relied, the purpose of the notice requirement of the ITCA was clearly

Collins v. Michelin North America, Inc.

71 F. Supp. 2d 909 · District Court, N.D. Indiana · Oct 14, 1999

This, in the Court’s view does not, as defendant's suggest, “clearly establish!] … however, misconstrues plaintiffs’ complaint that they were discriminated against because of their disabilities — an argument akin to that presented and rejected in Wright when the respondents “argue[d] that Wright is not qualified

Bundy v. McKnight

48 Ind. 502 · Indiana Supreme Court · Nov 15, 1874

It is argued that the court should have qualified the word influence by the use of .the words “ fair and reasonable.” … The facts proved very clearly bring the case within the rule laid down in Gilbert v. Knox, 52 N. Y. 125 .

New York, Chicago & St. Louis Railroad v. Singleton

207 Ind. 449 · Indiana Supreme Court · Jun 14, 1934

The *455 theory of the law creating the Commission is that it shall be conscientiously and impartially administered by a body composed of a personnel especially qualified by knowledge, training and experience pertaining to … S. 1852, p. 449, §67) clearly contemplates that when a cause has been transferred from a justice of the peace court to a superior court it shall stand for trial in such superior court as if it had been commenced originally

Jones v. State

847 N.E.2d 190 · Indiana Court of Appeals · May 4, 2006

This discrepancy in testimony does not establish prejudice for Strickland purposes. … There, the defendant, though given use immunity, refused to testify against his fellow inmate in a drug case. Id.

Shelton v. State

490 N.E.2d 738 · Indiana Supreme Court · Mar 27, 1986

The evidence is clearly sufficient to sustain his convictions. II. … Those statutes indicate that the offenses qualified as felonies under Ind.

Maez v. State

530 N.E.2d 1203 · Indiana Court of Appeals · Dec 1, 1988

The instructions were: “FINAL INSTRUCTION # 12 The doctrine of ‘reasonable doubt’ applies to the law, as well as to the facts established or not established by the evidence, and you should give the Defendant the benefit of … The State counters by arguing that, here, the deleted portions were completely blacked out and not at all readable, whereas in Cornett , thin lines were drawn through paragraphs and sentences so that the language was clearly

Howard Publications, Inc. v. Lake Michigan Charters, Ltd.

649 N.E.2d 129 · Indiana Court of Appeals · Apr 18, 1995

Webber, Sr. of the Porter Superior Court qualified as special judge on June 16, 1994. The parties began discovery. Pursuant to court order, non-party Lake Michigan Charters, Ltd. … It does not matter whether the envelope was sealed when the reporter found it, nor does it matter whether the envelope was clearly marked as confidential. .

Robertson - RESTRICTED - ACCEPT ONLY CERTAIN FILINGS v. West

District Court, N.D. Indiana · Nov 7, 2019

Only “genuine emergencies” qualify as a basis for circumventing § 1915(g). Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002). 1 (1) Robertson v. Spears, 1:15-CV-1405 (S.D. … He knows he must pre-pay the $400 filing fee unless he files a complaint clearly alleging he is in imminent danger of serious physical injury.

Travis S. Chandler v. State of Indiana

Indiana Court of Appeals · Mar 31, 2026

A trial court abuses its discretion if its “decision is clearly against the logic and effect of the facts and circumstances,” Russell v. State, 234 N.E.3d 829, 858 (Ind. 2024) (quoting Smith v. … Court of Appeals of Indiana | Opinion 25A-CR-2553 | March 31, 2026 Page 5 of 10  well-established Indiana Supreme Court precedent. See Dawson, 943 N.E.2d at 1281.