Case law

Roman Lee Jones v. Sharon Hawk

Indiana Court of Appeals · Apr 26, 2024

immunity. 5 The relevant factors included the impact that accommodating the speech would have on prison officials and inmates and the availability of alternative means for the prisoner to express his complaints. … Thus, pro se litigants are bound to follow the established rules of procedure and must be prepared to accept the consequences of their failure to do so. Id.

Mary Grigsby v. Martin's Super Markets, Inc. (mem. dec.)

Indiana Court of Appeals · Jun 24, 2019

“Unsworn statements and unverified exhibits do not qualify as proper [summary judgment] evidence.” Id. (citing Smith v. Delta Tau Delta, Inc., 9 N.E.3d 154, 159 (Ind. 2014)). … Clearly, it is undisputed that there was liquid at the end of the aisle.

State Ex Rel. Black v. Burch

226 Ind. 445 · Indiana Supreme Court · Jun 30, 1948

On the contrary, it was clearly vested, by § 843, in the governor and the superintendent of public works. . . .” … E. 2d 472 , in which the court clearly stated legislative power has been delegated as follows: “As pointed out in Blue v.

Robert McAnalley v. State of Indiana

Indiana Court of Appeals · Oct 18, 2019

other felonies don’t qualify someone as SVF. … Clearly, concerns for officer safety are an important consideration. . . .

In Re the Custody of M.B. B/N/F S.C. and D.C. v. S.B. and S.W.

51 N.E.3d 230 · Indiana Supreme Court · Apr 12, 2016

Sections 10, 12, and 13 also provide that the circuit court has “concurrent original jurisdiction with the juvenile court” over issues involving establishing paternity and child custody proceedings in marriage dissolution … A stay would not be necessary in cases arising under one of the enumerated exceptions of Indiana Code § 31-30-1-1(2), which clearly provides for specific cases to continue in other courts while a CHINS proceeding is pending

In re the Termination of the Parent-Child Relationship of J.L. (Minor Child) and J.R. (Mother) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)

Indiana Court of Appeals · Oct 9, 2019

Kohli has been qualified as an expert in the area of Clinical Psychology. 10. … Moreover, the parents in J.R. clearly objected to the trial court’s continuance of the hearing outside the sixty-day time limit of the applicable statute.

LTV Steel Co. v. Griffin

730 N.E.2d 1251 · Indiana Supreme Court · Jun 30, 2000

agency action that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … First, the structure of the Ethics Code is clearly pointed at sanctioning state employees who violate the Ethics Code and not conferring benefits on third parties arguably injured by a state employee’s violation

In the Matter of the Name Change of M.E.B., M.E.B.

126 N.E.3d 932 · Indiana Court of Appeals · Jun 21, 2019

To the extent that our review requires us to review the trial court’s factual determinations, we will apply a clearly erroneous standard. Id. [7] We have considered this set of issues before. … Indeed, in A.L., the trial court, in denying one of the petitions before it, found as follows: L.S. did not establish that he had been subject to specific threats or violence; that

Marion County Assessor v. Stutz Business Center, LLC

Indiana Tax Court · Aug 30, 2019

On June 27, 2018, the Assessor served Stutz with his written discovery requests that, among other things, sought to determine whether Stutz’s property had been appraised to qualify for mortgages and to obtain copies of … The Court subsequently denied Stutz’s motion to dismiss and established a briefing schedule. See id. at 245. The Court heard the parties’ oral arguments on April 25, 2019.

Kirk v. Kirk

759 N.E.2d 265 · Indiana Court of Appeals · Dec 5, 2001

Over the next five years, the trial court repeatedly attempted to establish regular visitation between Father and G.LK., but all attempts were unsuccessful. … We find such an abuse when the trial court's decision is clearly against the logic and effect of the facts and cireumstances. Id. at 108 . We will neither judge the credibility of witnesses nor reweigh the evidence. Id.

Donald Bunger and Flora Bunger v. Jason A. Brooks, M.D.

12 N.E.3d 275 · Indiana Court of Appeals · Jun 23, 2014

We will reverse only when the decision is clearly against the logic and effect of the facts and circumstances. Id. As we observed in Meisenhelder v. Zipp Express, Inc., 788 N.E.2d 924, 930 (Ind. Ct. … Rather, the expert’s opinion is admissible if a proper foundation establishes the need for expert testimony and the expert’s credentials establish an expertise in the area and the methods employed.

In Re Tbr USA, Inc.

429 B.R. 599 · United States Bankruptcy Court, N.D. Indiana · Jan 7, 2010

Regardless, § 702(a)(1) clearly requires that, in order to vote, the creditor must have an allowable claim. … Thus, she does not qualify under § 702(a)(2). In re Williams, 277 B.R. at 118 .

Bemis Co., Inc. v. Rubush

427 N.E.2d 1058 · Indiana Supreme Court · Nov 12, 1981

Fox, a professor of engineering at Case Western Reserve University, who was called as an expert witness in the field of machine design and qualified as such. … Therefore, there was much speculation about the cause of the accident and about possible guards or warnings, none of which speculation was clearly related to the facts of this accident and how it occurred.

Roddy v. Canine Officer

293 F. Supp. 2d 906 · District Court, S.D. Indiana · Nov 18, 2003

“To the extent that the policy authorizes police officers to use canine force against suspects who pose a threat to an arresting officer or to the community, the policy is clearly constitutional under the dictates of Tennessee … The first involves various claimed immunities to Plaintiffs’ claims. The second involves what Defendants describe as a “novel strict liability claim.” [Docket No. 29, p. 20].

Horton v. State

936 N.E.2d 1277 · Indiana Court of Appeals · Nov 17, 2010

Our supreme court held the defendant's knowledge of the victim's pregnancy was not necessary for it to qualify as an aggravating cireumstance. Id. at 1120 . … This contrasts with the case before us, in which evidence clearly established Horton's daily sexual molestation of R.M. over a period of at least six months. Serino also cited Haycraft v.

State ex rel. Jameson v. Denny

118 Ind. 382 · Indiana Supreme Court · Apr 24, 1889

An act of the Legislature is not to be declared unconstitutional unless it is clearly, palpably and plainly in conflict with the Constitution. Groesch v. State, 42 Ind. 547 . … With these reasonable and well established rules constantly in view, we proceed to examine the question of the constitutionality of the act now before us.

Phelps v. Mnuchin

District Court, N.D. Indiana · May 26, 2021

court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … a tax credit for eligible individuals in the amount of $1,200 ($2,400 if filing a joint return), plus $500 multiplied by the number of qualifying children. 26 U.S.C. § 6428(a).

Blackburn v. State

519 N.E.2d 554 · Indiana Supreme Court · Feb 24, 1988

It clearly appears the strategy of the defense was bolstered by the admission of the statement. … For these reasons we fail to see that Blackburn has carried his burden of establishing his grounds for relief on this issue by a preponderance of the evidence pursuant to Ind.R.P.C.R. 1, § 5. Higgason v.

Butler University v. Estate of Verdak

815 N.E.2d 185 · Indiana Court of Appeals · Sep 23, 2004

Dindon-is also asserted that she is “qualified to be appointed successor personal representative and is entitled to be appointed personal representative of said Estate under I.C. 29-1-10-1.” Id. … Banko is clearly distinguishable from the facts and cireumstances presented in this case.

South Bend Federation of Teachers v. National Education Ass'n-South Bend

180 Ind. App. 299 · Indiana Court of Appeals · Apr 25, 1979

Though finality may be lacking, because no election has yet been held, the irreparable harm NEA-South Bend will suffer is clearly defined. … The starting point is usually the traditional doctrine as applied to judgments of courts; that doctrine should be qualified or relaxed to whatever extent is desirable for making it a proper and useful tool for administrative