Case law

Brandon Thomas Woody v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 26, 2017

There was nothing formal about the questioning, and Thornburg’s condition was clearly emergent. … Woody has wholly failed to establish that this low bar was not met where VanderReyden’s testimony established his extensive experience with firearms.

Baker v. GTE North Inc.

927 F. Supp. 1104 · District Court, N.D. Indiana · Feb 21, 1996

Voyles clearly was relying on Mr. … (Reference IRS Publication 917: A van with a loaded gross vehicle weight no over 14,000 pounds will qualify if it is clearly marked with permanently affixed decals or with special painting or other advertising associated

Cross v. Cross

891 N.E.2d 635 · Indiana Court of Appeals · Aug 7, 2008

An abuse of discretion occurs when the decision is clearly against the logic and effect of the facts and eir-cumstances before the court, including any reasonable inferences therefrom. Id. … Eligibility is based on need: SSI is paid to families of disabled children qualifying under the Act to ensure that the recipient’s needs are met at a subsistence level.

Michael Phelps v. State of Indiana

Indiana Court of Appeals · Jun 11, 2012

The minister agreed that Phelps did not qualify for his program. … Phelps did not establish a nexus between his mental health issues and the shooting of Jackson.

Rent-A-Center East, Inc. v. Indiana Department of State Revenue

42 N.E.3d 1043 · Indiana Tax Court · Sep 10, 2015

RAC West and RAC Texas were not qualified to do business in Indiana, did not have any employees in Indiana, and did not own or use any of their capital, plant, or other property in Indiana. … The tribunal upheld the assessment before even examining the taxpayer’s study because the evidence clearly established that the transactions between the retailer and its subsidiary lacked any valid

Greenlee v. State

170 Ind. App. 639 · Indiana Court of Appeals · Sep 16, 1976

When she finally opened the door, she was able to see appellant clearly with the aid of a light in the kitchen area of the apartment. Appellant again struck the prosecutrix and then exited the apartment. … Such a chain of custody was adequately established by the State at trial. The trial court did not err in admitting these exhibits.

Schmittler v. State

228 Ind. 450 · Indiana Supreme Court · Jun 22, 1950

The decisions of this court as well as the Supreme Court of the United States have clearly held that the constitutional safeguards were for the protection of the guilty as well as the innocent. … Appellant was at least entitled to the legal services that could be afforded by any second year law school student qualified to prepare a moot court case. ■ He did not even have that.

American Car & Foundry Co. v. Adams

178 Ind. 607 · Indiana Supreme Court · Nov 26, 1912

Section 9, so far as it relates to our subject, provides that “all vats, pans, saws, planers, cogs, gearing, belting, shafting, set screws, and machinery of every description therein [manufacturing, etc., establishments] … The instruction was clearly erroneous. Wortman v. Minich (1901), 28 Ind. App. 31 , 62 N. E. 85 . "We find no error in the record warranting a reversal. Judgment affirmed. Note.—Reported in 90 N. E. 993 .

Little v. State

475 N.E.2d 677 · Indiana Supreme Court · Mar 25, 1985

Defendant argues that while he was not formally charged with rape at the time the lineup was conducted, "he was clearly a 'prime suspect' based on the earlier identifications" made by the rape victims. … Defendant's reliance on Wade is misguided, however, because Wade explicitly qualified the informal right to counsel to stages of prosecution.

Jacob T. McDaniel v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 31, 2017

Additionally, although both crimes required proof of serious bodily injury, the evidence at trial established that Nice sustained multiple injuries that qualified as serious bodily injury, specifically loss … An abuse of discretion occurs where the decision is clearly against the logic and effect of the facts and circumstances before the trial court. Eberle, 942 N.E.2d at 861.

Howard Allen v. State of Indiana

Indiana Supreme Court · Sep 25, 1998

Lane , 489 U.S. 288 (1989), dealt not with a statutory privilege, right, or immunity, but with changes in constitutional law. … State , 644 N.E.2d 565 (Ind. 1994), and the precedents established in Bellmore and Bivins .

R.J.H. v. State

12 N.E.3d 879 · 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). … Specifically, R.H. argues that under Ind.Code § 35-50-1-2, his conduct qualifies as a single episode of criminal conduct which would preclude his consecutive sentences.

Rees v. City of Muncie

95 Ind. App. 480 · Indiana Court of Appeals · Feb 5, 1932

On this same date a Board of Public Safety was duly appointed ’ and regularly qualified as provided by law. … St. 1926, part of which I have already quoted and which appellee cites, says clearly that the Board of Safety shall appoint a chief and all other officers, members and employees of such police forces.

Diaz v. Duncan

76 Ind. Dec. 829 · Indiana Court of Appeals · Jun 30, 1980

Thus, all the necessary elements rendering the statute operative were established in the trial court. … This is true so long as such intention does not interfere with established rules of law.” Collins v. Held, (1977) Ind.App., 369 N.E.2d 641 , 29 I.L.E.

Grain Dealers Mutual Insurance v. Chief Industries, Inc.

612 F. Supp. 1179 · District Court, N.D. Indiana · Jul 13, 1985

Riggs allegedly established, assembled, and/or erected the model 18-20 grain bin. … The plaintiff apparently argued that the real estate improvement statute conferred special immunity upon builders while discriminating against owners and materialmen without a reasonable basis for doing so. Id.

Kunkle v. State

32 Ind. 220 · Indiana Supreme Court · Nov 15, 1869

result, an intent to murder could not be inferred, or other- / wise established. … .The charge, as we have seen, is upon the hypothesis that the felonious intent was clearly established; and the evidence shows that the appellant shot at Kestler twice, at a distance of not exceeding thirty steps, with a

John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc. (rehearing)

54 N.E.3d 388 · Indiana Court of Appeals · May 5, 2016

The mandamus action does not lie to establish a right or to define and impose a duty. Id. (citation omitted). … Ind.Code § 32-26-9-1 establishes that certain existing fences are also subject to these repair and maintenance provisions.

Grayson v. State

593 N.E.2d 1200 · Indiana Court of Appeals · Jun 8, 1992

The record clearly indicates the trial court decided the issue before making the “unless you two gentlemen agree” remark. The trial court did not abuse its discretion. … that "the white, powdery, crystalline substance” in that case qualified as a prohibited controlled substance.

Eaton v. Onan Corp.

117 F. Supp. 2d 812 · District Court, S.D. Indiana · Sep 29, 2000

In 1952 Onan established the Profit Sharing Plan, which was a defined contribution employee pension benefit plan under ERISA. … However, the Seventh Circuit has clearly held that 26 U.S.C. § 401 (a) and the regulations promulgated pursuant to it cannot *848 support actions for relief under ERISA. See Reklau v.

Webster v. Cdi Ind., LLC

337 F. Supp. 3d 818 · District Court, S.D. Indiana · Aug 29, 2018

"Amendment of the judgment is proper only when 'the movant presents newly discovered evidence that was not available at the time of trial or if the movant points to evidence in the record that clearly establishes a manifest … Therefore, the fact that CDI is not a qualified health care provider under the Act does not mean that it is not a health care provider or that it could not become a qualified health care provider under the Act.