Case law

In the Matter of J.S. and M.S. (Minor Children), Children in Need of Services, and P.W. (Mother) and J.W. (Stepfather) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jan 8, 2019

We will set aside the trial court’s findings and conclusions only if they are clearly erroneous and a review of the record leaves us firmly convinced that a mistake has been made. Id. … It is difficult to see how this would not have qualified as one of those situations.

Anthony Hillman v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 22, 2020

Hillman does not dispute that he qualified as a serious violent felon; rather, Hillman contends that he did not knowingly or intentionally possess the rifle. … The PC Court’s denial of Hillman’s petition for PCR is not clearly erroneous.

Dixon v. State

256 Ind. 266 · Indiana Supreme Court · Apr 6, 1971

In so doing the Circuit Court relied upon Griswold, supra, holding that acts committed between consenting husband and wife were immune from prosecution under the statute under the theory of invasion of right of privacy. … These four cases clearly demonstrate the problem that appellee claims does not exist. In Glover v. State, supra , the appellant was charged with fellatio, i.e., mouth-male genital contact between two persons.

Drs v. Rsh

412 N.E.2d 1257 · Indiana Court of Appeals · Dec 2, 1980

The trial court's judgment is not reversed unless it is " clearly against the logic and effect of the facts and circumstances before the court or the reasonable, probable and actual deductions to be drawn therefrom." … It is one that is to be established.

City of Indianapolis v. Armour

918 N.E.2d 401 · Indiana Court of Appeals · Dec 18, 2009

That connection fee would be paid in a single, lump sum payment by all affected property owners, although in "special cases" a property owner might qualify for a five-year installment plan. Id. at 4 . … That position is contrary to well established equal protection law.

Dewey v. Hershberger

District Court, N.D. Indiana · Sep 19, 2025

However, if the jail chose to purchase Bibles, but not the book required for Dewey’s religion, the Establishment Clause comes into play. … Even so, the Establishment Clause “does not require a prison to provide identical worship opportunities for every religious sect or group.

FREEMAN v. OCWEN LOAN SERVICING, INC.

District Court, S.D. Indiana · Apr 4, 2022

However, that portion of Ocwen's brief does not clearly support its present argument. … The burden is on the discovery opponent to establish that the work-product doctrine protects the documents against discovery.

Jeffers v. United States

451 F. Supp. 1338 · District Court, N.D. Indiana · May 22, 1978

An examination of the record against the first three contentions of the Petitioners clearly established that they relied solely upon facts which were of record and known to them either prior to or during the course of the … However, a plain reading of these opinions clearly denies the Petitioners the remedy they seek.

Kirsch v. Braun

153 Ind. 247 · Indiana Supreme Court · Jun 9, 1899

The new committee failed to qualify. … The third section clearly indicates the purpose and scope of that notice.

Cheryl Evans v. Richard Hawksworth, Town of Dune Acres (mem. dec.)

Indiana Court of Appeals · Aug 15, 2016

We disagree, as no specific words or form are required and Evans clearly alleged Hawksworth unlawfully holds a position as Town Council member. … App. 1980) (holding the trial court erred in not granting defendant’s motion to dismiss plaintiff’s complaint for declaratory judgment alleging defendant was not qualified to hold office because declaratory judgment

JD v. State

841 N.E.2d 204 · Indiana Court of Appeals · Jan 27, 2006

With respect to the first step, a person's conviction for making unreasonable noise based solely upon his loud speaking during a police investigation qualifies as the restriction of an expressive activity. … Clearly, the magnitude of impairment to the Article 1, Section 9 right to expression cannot be characterized as "slight" in this case, as the State's restriction of J.D.'

Burris v. State

558 N.E.2d 1067 · Indiana Supreme Court · Aug 24, 1990

Second, the record establishes failure to investigate mitigation. … Clearly, this total absence of advocacy falls outside Strickland's "wide range of professionally competent assistance." 867 F.2d at 368 .

Garrett v. City of Bloomington

478 N.E.2d 89 · Indiana Court of Appeals · May 21, 1985

Six Unknown Named Agents of the Federal Bureau of Narcotics, (2nd Cir.1972) 456 F.2d 1339 , the court set forth compelling policy reasons for the good faith standard: "Having ruled against immunity, we must not be unmindful … the governmental entity prevailing as defendant, if it finds that plaintiff: (1) brought the action on a claim which is frivolous, unreasonable, or groundless; (2) continued to litigate the action after plaintiff's claim clearly

Kimberly R. Anderson v. State of Indiana

Indiana Supreme Court · Nov 13, 2025

This case addresses what qualifies as an illegal sentence. … In recent years, we have issued sev- eral opinions establishing various rules about appeal waivers and appel- late review of them. In Creech v.

Town of St. John v. State Board of Tax Commissioners

690 N.E.2d 370 · Indiana Tax Court · Dec 22, 1997

As the Supreme Court explained, “Article X, section 1 does not immunize legislative policy judgments from judicial oversight, but rather establishes mandatory minimum requirements for our system of property assessment and … Additionally, the Supreme Court stated that Article X, Section 1 does not “immunize legislative policy judgments from judicial oversight, but rather establishes mandatory minimum requirements for our system of property assessment

Pruden v. Trabits

175 Ind. App. 219 · Indiana Court of Appeals · Dec 27, 1977

is granted from the judge or county within the prescribed period, as stated above, a request for a change of judge or county may be made by a party still entitled thereto within ten [10] days after the special judge has qualified … The motion for change of venue, filed sixteen days before the issues were closed, clearly was timely.

D & M HEALTHCARE, INC. v. Kernan

800 N.E.2d 898 · Indiana Supreme Court · Dec 17, 2003

The Function of Section 14 Because the language of Section 14 does not clearly resolve the question before us, it is appropriate to look to the purpose of the provision to illuminate its meaning. … ., calling for an exception to immunity when the effect is a direct and foreseeable result in this country); Hudson v.

Jacob Fuller v. State of Indiana

Indiana Court of Appeals · Jul 10, 2013

Prosecutor: You’re gonna testify without a grant of immunity? … Fuller has demonstrated no abuse of discretion in the admission of evidence; nor has he established prosecutorial misconduct.

Melvin Hall v. Bradley Shaw, Giovanni Narducci, and Central Indiana Protection Agency, Inc.

Indiana Court of Appeals · May 21, 2020

Because Hall does not dispute that the evaluation of a consumer complaint with the Attorney General’s office qualifies as a quasi-judicial proceeding, we consequently agree with Defendants that Hall … The lack of a quoted statement does not prevent us from Court of Appeals of Indiana | Opinion 19A-CT-2533 | May 21, 2020 Page 20 of 25  determining that the statements, as alleged, clearly impute

Gabina Hernandez v. State of Indiana

Indiana Court of Appeals · Oct 23, 2014

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before Oct 23 2014, 9:02 am any court except for the purpose of establishing the defense of res judicata, collateral … R. 602), trans. denied; see also Pritchard, 810 N.E.2d at 760 (providing that witnesses clan clearly testify to things that are within their personal knowledge).