Case law
Opinions from 1658 to today.
9,074 results
1.84s
151 F. Supp. 2d 1015 · District Court, N.D. Indiana · Aug 22, 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.”
Cited 1 timesPublishedIndiana Court of Appeals · Aug 6, 2020
His job involves obtaining and implementing new weapons, and he is qualified to run a shooting range. Id. Mother is Filipino, and her side of the family lives in California. … “A judgment is clearly erroneous if it relies on an incorrect legal standard.” Id. at 1002.
Cited 0 timesPublished792 N.E.2d 851 · Indiana Supreme Court · Aug 8, 2003
The application of this statutory obligation is not complex and there is no evidence in the record establishing any resistance by the subro-gated insurers to do so upon being informed of the requirements of the statute. … A qualified structured settlement, like the one in this case, may result in all future payments from the annuity being treated as non-taxable income.
Cited 10 timesPublished786 N.E.2d 769 · Indiana Court of Appeals · Apr 17, 2003
If I qualify for long term disability payments, how will the amount of my monthly payment be determined? … I think that it implies to the jury that they can give a zero damage award and that's clearly inconsistent with the evidence in this case.
Cited 12 timesPublished475 N.E.2d 652 · Indiana Supreme Court · Mar 14, 1985
The lamp was approximately three feet above the water's surface rather than at the height established by the Coast Guard Regulation. … The trial court did err if it admitted the entire exhibit upon the premise that its entire contents qualified under the exception.
Cited 44 timesPublishedJames 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.
Cited 0 timesUnpublishedPohlmeyer v. Second Nat. Bank of Richmond
118 Ind. App. 651 · Indiana Court of Appeals · Oct 26, 1948
The appellee, Second National Bank of Richmond, was nominated as executor of the will and, under appointment of the Wayne Circuit Court, qualified as such on August 25, 1930, and forthwith entered upon the discharge of its … When exceptions are filed to an executor’s or administrator’s final report it has long been the established practice in this state to regard the report as constituting the complaint and the exceptions thereto as the answer
Cited 8 timesPublishedIzaak Walton League of America, Inc. v. Dekalb County Surveyor's Office
850 N.E.2d 957 · Indiana Court of Appeals · Jul 18, 2006
DNR appears to claim that two letters to DNR from private citizens qualify as "matters placed on the record after an ex parte communication" under subsection (b)(11) that Walton and Cedar Creek improperly failed to include … To the extent some language in Browns-burg might be read as establishing a strict rule that all documents created during the course of an administrative "proceeding" must be made part of the agency record for purposes of
Cited 18 timesPublished117 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.”
Cited 3 timesPublished63 L.R.A. 593 · Indiana Supreme Court · Dec 17, 1903
Bushong (appellee) was appointed and qualified as executor of said will, and paid over to appellants, Cora C. Warrington and Phoebe T. … Thus, if a testator devise his black horse, having only a white one, or devise his freehold houses, having only leasehold houses, the white horse in the one case, and the leasehold houses in the other, would clearly pass.
Cited 34 timesPublishedIndiana Court of Appeals · Mar 3, 2014
On September 10, 2012, Father established paternity of Child. … At the time [Child] was detained at the beginning of the ChINS case he was behind on his immunizations and did not have a primary care doctor.
Cited 0 timesUnpublished550 N.E.2d 324 · Indiana Court of Appeals · Feb 19, 1990
Without citing pertinent case law, Rubin also indicates that as an expert in the sale of firearms, Looney was not qualified to relay his conclusions concerning the mental soundness of Campbell to the trial court. … In order to be admissible expert opinions must be preceded by a foundation establishing the witness' credentials. Yang v. Stafford (1987), Ind.App., 515 N.E.2d 1157, 1161 , trans. denied.
Cited 52 timesPublishedHome Insurance Co. of New York v. Boyd
19 Ind. App. 173 · Indiana Court of Appeals · Jan 28, 1898
App. 361 , it is held that the averment that appellee performed all the conditions in the policy, on his part, was intended to apply to and qualify the conduct of the insured to the time of the'action and must be so construed … From these facts it clearly appears that the house covered by the policy of insurance sued upon, was within the meaning of *186 the language of the policy, and in law, “vacant, unoccupied and uninhabited,” at the time of
Cited 11 timesPublishedAshley Poythress and LaVenita Burnett v. Esurance Insurance Company (mem. dec.)
Indiana Court of Appeals · Feb 9, 2018
A trial court abuses its discretion when its decision is clearly against the logic and effect of the facts and circumstances before the court. Id. … [8] As to paragraph 5, Appellants assert Patten provided “expert testimony” without sufficient foundation to be qualified as an expert.
Cited 0 timesPublishedWilliam Shecoby Palmer v. Petalas
District Court, N.D. Indiana · Sep 17, 2021
Plaintiff also raises incoherent “sovereign citizen” arguments to support his Motion, for example alleging that the Defendants were required to prove that the Plaintiff was subject to an exception in the “Foreign Sovereign Immunities … May 26, 2021) (“Sovereign citizen claims are summarily rejected because it has been clearly established that the laws of the United States apply to all persons within its borders . . . .”).
Cited 0 timesUnknownCox 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
Cited 75 timesPublishedJustin Scruggs v. State of Indiana (mem. dec.)
Indiana Court of Appeals · May 29, 2020
Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any May 29 2020, 10:44 am court except for the purpose of establishing … Scruggs does not qualify as mentally retarded, which is indicated by an IQ of 70 or less. Scruggs graduated from high school in South Dakota.
Cited 0 timesPublishedState of Indiana v. Samuel E. Vande Brake
Indiana Court of Appeals · Apr 3, 2020
Further, “[w]hen appealing from a negative judgment, a party has a heavy burden to establish to the satisfaction of the reviewing court that there was no basis in fact for the … There is no dispute that the State properly filed the enhancement or that Vande Brake’s conviction is a qualifying offense.
Cited 0 timesPublishedState of Indiana v. Samuel E. Vande Brake
Indiana Court of Appeals · Apr 3, 2020
Further, “[w]hen appealing from a negative judgment, a party has a heavy burden to establish to the satisfaction of the reviewing court that there was no basis in fact for the … There is no dispute that the State properly filed the enhancement or that Vande Brake’s conviction is a qualifying offense.
Cited 0 timesPublished
Ask Donna