Case law

Crumpacker v. Howes

140 Ind. App. 37 · Indiana Court of Appeals · Dec 23, 1966

Ohlfest was appointed and qualified as Administrator de bonis non with the will annexed. … The facts of this case are mainly established by evidence which, upon another trial, would command the conclusion we have reached here.

Ryan Sheckles v. State of Indiana

Indiana Court of Appeals · May 29, 2012

Smith’s agreement was for immunity in exchange for her testimony. Smith testified regarding the terms of her agreement. … Accordingly, Sheckles has failed to establish a nexus between his alleged diminished intellectual capacity and his crime.

Monroe County Board of Zoning Appeals v. William J. Huff II Revocable Trust

Indiana Court of Appeals · Jan 13, 2026

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 … We will set aside specific findings of the BZA only if they are clearly erroneous, meaning the record lacks any facts or reasonable inferences supporting them. See Caddyshack Looper, LLC v.

Heath v. Strunk

152 Ind. App. 80 · Indiana Court of Appeals · May 8, 1972

E. 2d 897 , the plaintiffs-appellees brought an action against Carl Cope and Joseph Lawrence to establish and probate a purported lost will and codicil of William A. … The other facts presented certainly do not conclusively and clearly establish that he affirmatively mutilated or destroyed the will and codicil.”

Farris v. State

818 N.E.2d 63 · Indiana Court of Appeals · Nov 22, 2004

An abuse of discretion occurs when the trial court's action is clearly erroneous and against the logic and effect of the facts and circumstances before it. Id. … Terry was qualified to testify as an expert, but ruled that his testimony was inadmissible under the Indiana Rules of Evidence.

Term. of Parent-Child Rel. of X.B. and L.B. (Minor Children) and J.B. (Father) v. Indiana Dept. of Child Services

Indiana Court of Appeals · Aug 7, 2012

Paternity was established for the children in a hearing on 6-13-08; he failed to appear. 3. Father and [Y.K. … In sum, Father has failed to establish that the trial court’s finding regarding his lack of stability is clearly erroneous.

Young v. Easter Enterprises, Inc.

915 F. Supp. 58 · District Court, S.D. Indiana · Nov 29, 1995

The July 14 notice to the Plaintiffs clearly stated that their employment with Easter would be terminated. … Although these Plaintiffs clearly have failed to present a prima facie case, because all Plaintiffs have failed to present a prima facie case for other reasons the Court sees no need to rule on this issue or differentiate

Jason Tibbs v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 30, 2019

Tibbs raises two issues for our review, which we consolidate and restate as whether the post-conviction court clearly erred when it concluded that Tibbs had not received ineffective assistance from his trial … As a result of Court of Appeals of Indiana | Memorandum Decision 19A-PC-1085 | July 30, 2019 Page 4 of 14  Rickey’s information, investigators located Freeman and granted Freeman immunity in exchange for

Wright v. Miller

965 N.E.2d 135 · Indiana Court of Appeals · Apr 5, 2012

Franklin Nash establishing that Dr. Miller did not meet the standard of care. Dr. Miller later withdrew his Motion for Summary Judgment. In July 2009, Wright responded to Dr. … Jerome Bagner was identified as a potential qualified expert witness on December 17, 2010, and Wright’s counsel submitted the evidentiary material to him for review. Dr.

Ortho Pharmaceutical Corp. v. Chapman

388 N.E.2d 541 · Indiana Court of Appeals · May 2, 1979

This clearly reflects the assumption that prescription drugs will only be used under some supervision of a doctor. … The Patient Warning is clearly another matter, however.

United States v. Danser

110 F. Supp. 2d 792 · District Court, S.D. Indiana · Sep 20, 1999

There clearly were extenuating circumstances in Mr. Danser’s case that necessitated an im *804 mediate arrest of Mr. Danser in the early-morning hours of May 20 — Mr. … Swain was “promising” him immunity or even leniency, this does not render his inculpatory statements involuntary. See Pharr v. Gudmanson, 951 F.2d 117, 120 (7th Cir.1991) (“That Mr.

John A. Hill, III and Susan Hill v. Steven N. Rhinehart, M.D. and Fort Wayne Medical Oncology and Hematology, Inc. John F. Csicsko, M.D. and David P. Lloyd, M.D., as Individuals

Indiana Court of Appeals · Oct 15, 2015

Ryan suspected Hill to be suffering from Heparin-Induced Thrombocytopenia (HIT), which is a rare “immune mediated response to the presence of the Heparin antigen in the body.” (Tr. p. 639). … Therefore, to receive a multi-cap recovery under the Medical Malpractice Act, Hill was required to establish that Drs.

Marq Hall v. State of Indiana

15 N.E.3d 1107 · Indiana Court of Appeals · Sep 4, 2014

During trial, defense counsel had an opportunity to ask A.D. questions to establish his offer of proof, but he did not. As such, he has waived this issue. … Making young M.T. endure another trial before knowing if this qualifies as an admissible false allegation under the Rape Shield Statute is unnecessary. The same is true about M.T.’s alleged use of a dildo.

State ex rel. Worrell v. Peelle

121 Ind. 495 · Indiana Supreme Court · Nov 7, 1889

But we are not called upon to decide that question, as the general election law clearly authorizes the election of such officer. Section 4678, R. … The appointee of the Governor would hold until his successor was elected at the next general election after he was appointed and until his successor had qualified.

Cates v. Superintendent, Indiana Youth Center

752 F. Supp. 854 · District Court, S.D. Indiana · Aug 17, 1990

First, what occurred in this case clearly constituted an actual conflict of interest. United States ex rel. Zembowski v. DeRobertis, 771 F.2d 1057, 1060-1064 (7th Cir.1985). … Zembowski would have no problem establishing prejudice, were he required to do so. Sherwin’s conduct is a shocking breach of his duty of loyalty.

Lamb Publications LLC v. Oregon Catholic Press

District Court, N.D. Indiana · Aug 23, 2021

Plaintiffs have not established good cause to justify protection of information described in category (c) of their confidential information definition. 2. … Plaintiffs’ Motion Plaintiffs’ proposed protective order does not clearly differentiate confidential information from AEO information.

Doe v. Purdue University

District Court, N.D. Indiana · Jun 1, 2020

Grindle argued that she was entitled to qualified immunity and moved for summary judgment, but her request was denied. Id. … The Plaintiff also concedes that the Individual Defendants are entitled to qualified immunity in their personal capacity. Id. at 32.

Pavey v. Reagle

District Court, N.D. Indiana · Sep 29, 2025

1915A, I 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 … As to the first element of the claim, it is plain that filing a grievance qualifies as “protected activity” for purposes of a First Amendment claim. See id.

Unger v. Indiana & Michigan Electric Co.

420 N.E.2d 1250 · Indiana Court of Appeals · May 19, 1981

Ah, I’m a right of way agent in the field qualified to recognize property. *1252 Q. Your offer did not take into account anything about the property other than that it was some type of cultivated land, did it? A. … Therefore a uniform state-wide schedule of values and damages arbitrarily fixed without reference to a particular parcel of real estate is unacceptable to establish a good faith offer to purchase.

The Matter of the Term. of the Parent-Child Rel. of J.D. and R.G. v. Indiana Dept. of Child Services

Indiana Court of Appeals · Feb 16, 2012

The Court grants said petition, and it is ordered that the parent-child relationship between [J.D. and Mother] be, and the same hereby is terminated, and all rights, powers, privileges, immunities, duties and … “A finding of fact is clearly erroneous when there are no facts or inferences drawn therefrom to support it.” Id.