Case law

Theressa Jones v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 27, 2018

“The purpose of a jury instruction is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to comprehend the case clearly and arrive at a just, fair, and … Thus, even if Jones’s claim that she was only negligent did not qualify as a “defense” under Springer, it was at least a “theory” that could have led to her acquittal.

Kathryne Tillett v. State of Indiana

Indiana Court of Appeals · Mar 28, 2025

Henderson filed an evaluation concluding that Tillett was capable of assisting in her defense, was able to participate in her own defense, had a basic understanding of the court proceedings, and was “clearly … The facts establish that Tillet digitally penetrated her own daughters, then ages seven and three, on many occasions, sometimes in the presence of the other child. E.W.

Wilson v. Neal

District Court, N.D. Indiana · May 31, 2023

Upon careful review of relevant caselaw, this court cannot find that the State court contradicted or unreasonably applied clearly established law as determined by the Supreme Court of the United States. … “[I]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by this Court.” Knowles v.

Indiana State Teachers Ass'n v. Board of School Commissioners of Indianapolis

679 N.E.2d 933 · Indiana Court of Appeals · May 6, 1997

The purpose of Article IV, § 19 is to establish a check on the exercise of legislative power. … The mere fact that no other county presently qualifies does not render the Act unconstitutional.” Id. (citations omitted).

Northern Indiana Public Service Co. v. ACE American Insurance Co.

Indiana Court of Appeals · Sep 12, 2025

Accordingly, ACE concluded “NIPSCO neither qualifies as an additional [insured] under the policy nor are the allegations made against NIPSCO covered by the . . . policy.” Id. … The trial court did not clearly err. 5.

Journal-Gazette Co. v. Bandido's, Inc.

712 N.E.2d 446 · Indiana Supreme Court · Jun 23, 1999

This evidence, while clearly indicating that the Journal-Gazette was careless and negligent, was not indicative of actual malice. … Clearly, legal recognition and protection of a person's reputational interest is deeply entrenched in our history and practice.

United States v. Szarwark

40 F. Supp. 2d 1020 · District Court, N.D. Indiana · Apr 2, 1998

Conduct that involves substantial planning is clearly not a single, “spontaneous and thoughtless act.” See United States v. … Szarwark has shown nothing more than that which innumerable defendants could establish; namely, that the imposition of a prison sentence normally disrupts parental relationships.

Northern Indiana Public Service Co. v. Otis

145 Ind. App. 159 · Indiana Court of Appeals · Aug 27, 1969

The realities of litigation clearly indicate that co-defendants are frequently unfriendly. … Both witnesses, McLean and Goodwin, were qualified as expert witnesses who were entitled to give opinion evidence.

Douglas W. Fancil v. State of Indiana

Indiana Court of Appeals · Apr 5, 2012

An abuse of discretion occurs if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted the law. Id. … to eight percent,” 3 Indiana Evidence Rule 702 provides: (a) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

M.B. v. A.V.

Indiana Court of Appeals · Feb 6, 2014

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res Feb 06 2014 … Paternity was established in 1997, and Mother was awarded sole legal and physical custody. At that time, Father had a weekly gross income of $3,187.00. Mother had a weekly gross income of $565.00.

Alvin Donald Grisby v. State of Indiana

Indiana Court of Appeals · Oct 29, 2014

We held in Embrey, 989 N.E.2d at 1267, that the NPLEx records qualified as business records under Evidence Rule 803(6). … and establishing that there is a factual basis for the information furnished; or (2) contain information that establishes that the totality of the circumstances corroborates the hearsay.”

Miller v. United States Postal Service

815 F. Supp. 1195 · District Court, S.D. Indiana · Mar 9, 1993

Since Congress clearly considered the question of which postal workers would be entitled to judicial review under Chapter 75 and ultimately chose to grant the right only to preference eligibles, it must also have intended … Veterans of the armed forces and certain of their close relatives qualify as "preference eligibles” regardless of the civil service classification of their positions. 5 U.S.C. § 2108 (3).

MOSLEY v. RIPLEY COUNTY INDIANA

District Court, S.D. Indiana · Aug 25, 2022

As a practical matter, there are not enough lawyers willing and qualified to accept a pro bono assignment in every pro se case. See Olson v. … The Court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless.

Davidson v. Caravan Facilities Management L.L.C.

District Court, N.D. Indiana · Jan 17, 2020

Caravan argues that “Davidson, therefore, cannot establish that he was as or more qualified than Ratty, and even if he could, he has no evidence to demonstrate that Caravan’s evidence showing that Ratty was hired over Davidson … Davidson’s failure to promote claim fails to survive summary judgment because he fails to establish that he was as qualified or more qualified than the individuals hired, or that Caravan’s reasons for hiring those other individuals

Hayworth v. State

904 N.E.2d 684 · Indiana Court of Appeals · Apr 20, 2009

"Counsel's ... statements of 'no objection' clearly meant no other objection." Id. at 5. … Where a warrant is sought based on hearsay information, the affidavit must either: (1) contain reliable information establishing the credibility of the source and of each of the declarants of the hearsay and establishing

Dodd v. Rambis

535 F. Supp. 23 · District Court, S.D. Indiana · Dec 7, 1981

The daily administration of public education is clearly the responsibility of state and local school officials, Tinker v. … in class or out of it, which for any reason — whether it stems from time, place, or type of behavior — materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized

Samuel Bellamy v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 31, 2015

We reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Joyner v. State, 678 N.E.2d 386, 390 (Ind. 1997), reh’g denied. … The State argues that the medical records qualify under the hearsay exception of Ind. Evidence Rule 803(4). [21] Ind.

WADE v. IUSM

District Court, S.D. Indiana · Jul 12, 2019

However, it is also well established that pro se litigants are not excused from compliance with procedural rules. … 1981, and Section 1983 claims based on IU’s sovereign immunity.

McCart v. CHIEF EXEC. OFFICER, CRED. UNION

652 N.E.2d 80 · Indiana Court of Appeals · Jun 14, 1995

Ind.Trial Rule 23 establishes a two-step procedure for determining the propriety of class action certification. … Thus, the claims of the plaintiffs would benefit all qualified members and depositors of the defendant. D.

Annex Books, Inc. v. City of Indianapolis

926 F. Supp. 2d 1039 · District Court, S.D. Indiana · Feb 25, 2013

Chapter 807 of the City-County Code regulates adult entertainment establishments, and, under the definitions set out in § 807-103, each of the plaintiffs qualifies as an “adult bookstore.” … store at which the crime actually occurred, which clearly might skew the data.