Case law

Lakeview Country Club, Inc. v. State Board of Tax Commissioners

565 N.E.2d 392 · Indiana Tax Court · Jan 22, 1991

“No law is more firmly established than this, that no tax shall be assessed which is not authorized by statute.” Sluder v. Mahan (1954), 124 Ind.App. 661, 671 , 121 N.E.2d 137, 141 . … Furthermore, the State Board claims the county board’s actions qualified as a review of a current year’s assessment or a review of an “assessment made with respect to the last preceding assessment date” under IC 6-1.1-13-

In re Termination of the Parent-Child Relationship of: S.H. and A.H., Minor Children, K.H., Mother, and R.H., Father v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Dec 31, 2018

We confine our review to two steps: whether the evidence clearly and convincingly supports the findings, and then whether the findings clearly and convincingly support the judgment. Id. … App. 2007) (failure to challenge findings by the trial court resulted in waiver of the argument that the findings were clearly erroneous), trans. denied.

Paul J. Elmer and Carol A. N. Elmer v. Indiana Department of Revenue

42 N.E.3d 185 · Indiana Tax Court · Sep 1, 2015

See also Filip, 879 N.E.2d at 1081 (explaining that a party’s designation of evidence may appear in its brief so long as the party clearly identifies the listed materials as designated evidence). … To qualify for a business expense deduction, an item must (1) be paid or incurred during the taxable year, (2) be for carrying on any trade or business, (3) be an expense, (4) be an ordinary expense, and (5) be a necessary

In Re The Matter of: D.H. and D.H., Children in Need of Services D.H. (Father) v. Marion County Dept. of Child Services, and Child Advocates, Inc.

Indiana Court of Appeals · May 28, 2013

The children had been accepted into the clinic because they qualified as high-risk patients due to their “chaotic living environment.” Id. at 24. … Findings are clearly erroneous when the record contains no facts to support them either directly or by inference, and a judgment is clearly erroneous if it relies on an incorrect legal standard. Id.

Roger A. Carter v. Jennifer Carter (mem. dec.)

Indiana Court of Appeals · Mar 18, 2019

James Houlihan, a qualified expert, conducted a business valuation of DBConnect and testified at trial. … TT, which he alleges “clearly articulates the closing costs of the property of $33,422,” Appellant’s Reply Br. p. 7.

City of Evansville and Evansville Water and Sewer Utility v. United States Fidelity and Guaranty Company

Indiana Court of Appeals · Mar 23, 2012

“Opinions expressing a mere possibility with regard to a hypothetical situation are insufficient to establish a genuine issue of material fact.” Id. … If the pleadings reveal that a claim is clearly excluded under the policy, then no defense is required. Id. We addressed a similar argument in Newnam.

Clemons v. State

162 Ind. App. 50 · Indiana Court of Appeals · Oct 30, 1974

We think a statement made by the boy shortly after he was taken into custody is relevant, not to establish whether or not he committed the acts alleged, though certainly it may have a tendency to do so, but to aid those qualified … State, supra, are observed, the juvenile’s confession is clearly inadmissible at the delinquency hearing.

Vincent Barrett and Sarah Barrett v. City of Logansport, Indiana Michael Nicoll, in his capacity as Sexton of Mount Hope Cemetery and James McDonald

Indiana Court of Appeals · Jan 11, 2012

Although a witness may not be qualified to offer expert testimony under Indiana Evidence Rule 702, the witness may still be qualified as a “skilled witness” (sometimes referred to as a “skilled lay observer”). Ind. … Likewise, there were no guidelines as to who was qualified to place dirt on graves. Id. at 1211-12.

James David Finney v. State of Indiana

Indiana Court of Appeals · Dec 17, 2014

A confession is inadmissible if obtained by promises of mitigation or immunity. Id. … Here, Finney cites no specific promises of mitigation or immunity, and we find none.

Federal Insurance v. Stroh Brewery Co.

35 F. Supp. 2d 650 · District Court, N.D. Indiana · Dec 22, 1998

To establish estoppel an insured must show prejudice. Protective Ins. Co. v. … However, both parties have come to diametrically opposed conclusions as to what that clearly controlling precedent indicates.

Kealing v. Vansickle

74 Ind. 529 · Indiana Supreme Court · May 15, 1881

And this liability is clearly shown by the ¡special finding here.” … A regular “indorsement, when made for an adequate consideratioh, passes the interest of the indorser, and amounts to axx undertaking, unless qualified in express tenxis, that if the bill or xxote is not paid at maturity,

Springs Valley Bank & Trust Co. v. Carpenter

885 F. Supp. 1131 · District Court, S.D. Indiana · Oct 21, 1993

(“Kimball”), of Jasper, Indiana, which maintains an E.R.I.S.A-qualified employee health benefits plan. … Plan, 905 F.2d 798 , 802 n. * (4th Cir.1990), the Circuit clearly abandoned this reluctance later, see Glocker v. W.R.

Jonathan McPherson v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 12, 2018

The petitioner must establish deficient performance by appellate counsel resulting in prejudice. Id. … [25] The post-conviction court did not clearly err in rejecting McPherson’s claims of ineffective assistance of trial and appellate counsel.

Family & Social Services Administration v. Community Care Centers, Inc.

641 N.E.2d 1012 · Indiana Court of Appeals · Oct 20, 1994

A facility serving three or more developmentally disabled individuals must provide Rule 7 treatment, which includes retaining a qualified mental retardation professional, developing and implementing an habilitation program … Given the evidence, the trial court's findings are not clearly erroneous and support the judgment. C.

Mondragon v. Zenk

District Court, N.D. Indiana · Jan 10, 2023

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 … “Incarcerated people have a clearly established right to be free from physical harm inflicted by others in the institution.” Kemp v. Fulton Cty., 27 F.4th 491, 494 (7th Cir. 2022) (citing Farmer v.

Sievers v. Peters Box & Lumber Co.

151 Ind. 642 · Indiana Supreme Court · Jun 15, 1898

Appellant objected to the question which elicited the evidence, on the grounds “that the witness has not shown himself qualified to speak, also that it does not appear that the witness has sufficient knowledge and information … But there is no presumption that any party to a cause has given any evidence to establish his adversary’s case or defense.

Cox v. Louisville, New Albany, & Chicago Railroad

48 Ind. 178 · Indiana Supreme Court · Nov 15, 1874

universal acceptation of the word street thus used, as being synonymous with a highway, or common thoroughfare, will govern this grant, and fix the purpose for which it was intended.’ ’ This case has never been doubted, qualified … Without citing or examining other authorities, we think it may be laid down that the established inference of law is, that a conveyance of land bounded on a highway carries with it the fee to the center of the road, as part

Reich v. Minnicus

886 F. Supp. 674 · District Court, S.D. Indiana · Jul 22, 1993

Section 1983 provides a private tort remedy against state actors who deprive persons of “rights, privileges, or immunities secured by the Constitution and laws____” 42 U.S.C. § 1983 . … In the present case, therefore, the plaintiffs argument that his alleged consents were “invalid — worthless” as a matter of law merely because he contends that the weight of the evidence established the defendants’ initial

Rastafari v. Anderson

117 F. Supp. 2d 788 · District Court, N.D. Indiana · Oct 24, 2000

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) “qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’ ” Terry Williams, 120 S.Ct. at 1512 . … Additionally, it is clear that the Indiana Supreme Court has not decided this issue in a manner “contrary to ... clearly established Federal law.”

Massachusetts Bonding & Insurance v. State Ex Rel. Summers

82 Ind. App. 377 · Indiana Court of Appeals · Jan 15, 1925

created for purposes of government, and authorized to exercise to a limited extent a portion of the' power of the state government, have always been held to act strictly within the powers granted by the legislative act establishing … The commissioners are authorized and required to qualify and induct into office the several officers of the county, and to take and approve their official bonds, which they shall cause to be registered. * * * The sole power