Case law

Michael Laroy McCullough, Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 10, 2019

Here, evidence was presented to establish that McCullough violated four conditions of probation. … Stating that McCullough “would not qualify for Jasper County Community Corrections,” the trial court ordered McCullough to serve the “balance of [his] suspended sentence.” Id. at 36-37.

In Re: The Marriage of Mikiko Hige v. Christopher L. Glick

Indiana Court of Appeals · Jan 31, 2014

Hige has not established that the finding is clearly erroneous. Hige also argues that the finding regarding the $11,800 student loan is not supported by the record, and Glick agrees. … Without more, Hige has not established Glick improperly failed to disclose assets.

Continental Nat. Bank v. Heilman

81 F. 36 · U.S. Circuit Court for the District of Indiana · Jun 5, 1897

She resigned, and was discharged, and an administrator de bonis non was appointed and qualified, and appeared, and obtained leave to prosecute the suit as plaintiff therein. … Unless the suit relate to the estate of a deceased person, the debt must be established by some judicial proceeding, and it must generally be shown that legal means for its collection have been exhausted.

Poyser v. Peerless

775 N.E.2d 1101 · Indiana Court of Appeals · Sep 12, 2002

To establish defamation, the plaintiff must prove the following elements: (1) a communication with defamatory imputation; (2) malice; (3) publication; and (4) damages. Ratcliff v. … Common Interest Privilege Even if one assumed that the statements were defamatory, the statements were protected by a qualified privilege of common interest.

Mahin v. Soshnick, Extr., Etc.

128 Ind. App. 342 · Indiana Court of Appeals · Mar 21, 1958

Harold Soshnick, was appointed executor thereunder and duly qualified. The decedent left surviving her the appellant, Glenn R. Mahin, a son, and the appellee, Dorothy F. … It was admitted by the appellee, and established by the judgment from which this appeal is taken, that none of the appellants were personally summoned to attend such hearing.

HOLLEMAN v. ELLIS

District Court, S.D. Indiana · Sep 29, 2022

immunity. … Holleman bears the burden of establishing Article III standing. Bryant v. Compass Group USA, Inc., 958 F.3d 617, 620 (7th Cir. 2020).

GEFT Outdoor LLC v. Consolidated City of Indianapolis

187 F. Supp. 3d 1002 · District Court, S.D. Indiana · May 20, 2016

The Sign Ordinance thus clearly subjected noncommercial opinion signs 'to restrictions different from other sign types that also received exemptions from the ILP requirement, including, inter alia, “real estate signs” and … Assuming that the City’s stated reasons actually qualify as compelling government interests, it has failed to establish that the noncommercial exemption is narrowly tailored to further those interests.

Quanta Indemnity Co. v. Davis Homes, LLC

606 F. Supp. 2d 941 · District Court, S.D. Indiana · Mar 26, 2009

under Indiana law that insurers have the right to limit their coverage of risks as long as those limitations are clearly expressed and consistent with public policy. … However, under Indiana law, "the characterization of a claim as derivative or independent is irrelevant to whether the claim qualifies as a separate bodily injury under an insurance policy.” Allstate Ins. Co. v.

Educational Credit Management Corp. v. Barnes

318 B.R. 482 · United States Bankruptcy Court, S.D. Indiana · Dec 15, 2004

In short, the Trustee’s analysis seeks to probe more deeply into the cost structure in an effort to establish inequities. … Clearly, the Trustee has the right to recover the costs incurred in connection with collecting a delinquent loan where that obligation is rooted in the loan agreement itself.

MIMS v. ZATECKY

District Court, S.D. Indiana · Sep 3, 2021

But a temporary neglect of an inmate's hygienic (or sanitary) needs is insufficient to establish a deprivation of a constitutional magnitude. See Williams v. … An amended complaint must have the words "Amended Complaint” on its front page, as well as this action's case number — 1:21-cv-01169-TWP-TAB - clearly shown.

COOK v. ZATECKY

District Court, S.D. Indiana · Jun 29, 2021

screen the complaint and dismiss a complaint or any claim within it which “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune … Cook's health record to clearly support a mental health status classification assignment and reflect his actual mental health needs. Mr.

United States v. Sebring Homes Corp.

879 F. Supp. 894 · District Court, N.D. Indiana · Sep 20, 1994

Looking to the definition of manufacturer provided by the Act (“means any person”), the question narrows to whether the Ornatowskis may individually qualify as a “person” under the Act. … Thus, had the Ornatowskis acted in their personal capacities, as opposed to as officers and agents of Sebring Homes, they clearly would be liable as “persons” under the Act.

Steven E. Malloch v. State of Indiana

980 N.E.2d 887 · Indiana Court of Appeals · Dec 21, 2012

As established in Miranda v. … Detective Lauer asserted, repeatedly and falsely, that his investigation clearly established that Malloch intentionally touched C.P. However, his deception does not necessarily render the confession involuntary.

Johnson v. Westville Correctional Facility

District Court, N.D. Indiana · Feb 18, 2022

Prison officers enjoy tort immunity under the ITCA, except in precise circumstances. See Ind. Code § 34-13-3-5. … “The party seeking immunity bears the burden of establishing its conduct comes within the Act.” King v. Ne. Sec., Inc., 790 N.E.2d 474, 480 (Ind. 2003), reh’g denied. Mr.

Prewitt v. State

819 N.E.2d 393 · Indiana Court of Appeals · Dec 13, 2004

In interpreting the above rule, this court recently reaffirmed the notion that an expert must be qualified by knowledge, skill, experience, training or education. Messer v. … Thus, the prejudicial impact clearly outweighs any probative value of the evidence. See Davis v. State, 476 N.E.2d 127, 134 (Ind.Ct.App.1985); trans. denied.

White v. United States

511 F. Supp. 570 · District Court, S.D. Indiana · Apr 7, 1981

Olive, Jr., qualified as executor of said estate and Sidney A. Horn, Esquire, was named as attorney for the estate. … Her last will and testament, executed the same year, established several trusts with the Marine Trust Company of Buffalo, New York.

Moran v. State

644 N.E.2d 536 · Indiana Supreme Court · Dec 12, 1994

Clearly, it afforded no protection against the acts of these police in taking and inspecting the trash set out by appellants at the curb for pickup. California v. … Facts supported by reliable hearsay qualify. The search warrant was issued on April 20, 1992 and executed on April 22.

James v. State

613 N.E.2d 15 · Indiana Supreme Court · May 13, 1993

Clearly, jurors have the right to adequately view evidence presented to them. … Clearly the State must introduce evidence during the habitual proceeding to prove the two priors.

Town of Pittsboro Advisory Plan Commission and Town of Pittsboro Town Council v. Art Park, LLC

26 N.E.3d 110 · Indiana Court of Appeals · Feb 12, 2015

These statutes “establish[] the exclusive means for judicial review of zoning decisions[.]” I.C. § 36-7-4-1601(a). … “The basis of jurisdiction under the Declaratory Judgment Act is the existence of a justiciable controversy or question, which is clearly defined and affects the legal right, the legal status, or the legal

Schmoll v. Schenck

40 Ind. App. 581 · Indiana Court of Appeals · Nov 26, 1907

It has been construed to mean an occupant of landj a resident; a permanent resident; one having a domicil; a citizen;. a qualified voter; a settler. … “Domicil, the place where a person lives, •or has his home; that is, where one has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning.