Case law

Leandrew Beasley v. State of Indiana

29 N.E.3d 802 · Indiana Court of Appeals · Apr 29, 2015

The trial court’s determination will be reversed only where an abuse of discretion can be established. Id. … To prevail, the appellant must establish that he was placed in a position of grave peril to which he should not have been subjected. Id.

Brien Clayton v. State of Indiana

Indiana Court of Appeals · Jan 31, 2012

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. … An abuse of discretion occurs if the decision is clearly against the logic and effect of the facts and circumstances before the trial court. McClendon v. State, 910 N.E.2d 826, 832 (Ind. Ct.

TAYLOR v. DIENHART

District Court, S.D. Indiana · Mar 8, 2023

immunity grounds. … It is well-established that "the ultimate touchstone of the Fourth Amendment is 'reasonableness,'" Brigham City v.

Johnson v. United States

422 F. Supp. 958 · District Court, N.D. Indiana · Nov 8, 1976

Thus, in Frontiero all service women had to establish their husband’s dependency before they could qualify for the additional benefits made available to all men without any such proof. … Although the language in these cases clearly supports the proposition that marriage is fundamental in nature, two distinctions are noteworthy.

Celebration International, Inc. v. Chosun International, Inc.

234 F. Supp. 2d 905 · District Court, S.D. Indiana · Dec 12, 2002

Costumes, like clothing garments, clearly have a utilitarian aspect because they cover the wearer’s body and protect the wearer from the elements. … Thus, Celebration has failed to establish a reasonable likelihood of success on the merits.

Gina Vrankin v. Titan Vrankin

Indiana Court of Appeals · Dec 4, 2014

The trial court abuses its discretion if its decision is clearly against the logic and effect of the facts and circumstances before it. Id. … As an attorney who is familiar with the litigation, a trial judge is uniquely qualified to determine what amount of attorney fees is reasonable in a particular case. Cf.

Midwestern Indemnity Co. v. Laikin

119 F. Supp. 2d 831 · District Court, S.D. Indiana · Aug 16, 2000

Midwestern would not even qualify for the protection the Texas court provided the insurer in Gandy , however, because Midwestern did not provide a defense to its (putative) insureds. 6 . … Barnes, 603 N.E.2d 1337 (Ind.1992) (established precedents gave parents immunity in personal injury actions by minor children against their parents, but court recognized new exception when action is based on claim of intentional

Indiana Union Traction Co. v. Pring

50 Ind. App. 566 · Indiana Court of Appeals · Oct 26, 1911

"We think we are clearly supported in this conclusion by the following authorities. 3. In the case of Blake v. … Rep. 627 , the late Chief Justice Polger thus clearly stated the duties of railways in this particular: “It is urged, and with reason, that clearly arranging and promulgating the general time-table of a great railway is the

Term. of the Parent-Child Rel. of: D.C. M.C. M.G. & L.C. (Minor Children) and T.G. (mother) v. The Indiana Dept. of Child Services

Indiana Court of Appeals · Oct 25, 2012

The seven-week-old had not received her recommended immunizations and M.G. had not had her post-natal checkup. 3 Ind. … This Court will not set aside the trial court’s judgment terminating a parent-child relationship unless it is clearly erroneous. In re A.A.C., 682 N.E.2d 542, 544 (Ind. Ct. App. 1997).

Foltz, Van Camp Hdw., Etc. v. City of Indpls.

234 Ind. 656 · Indiana Supreme Court · Dec 16, 1955

The result of such an act by the state would raise the issue of granting an immunity against extortionate practices and even confiscatory taking of property from users where a monopolistic condition was created. … On the contrary, the statute clearly and in concise terms merely provides that "the commission, shall have no power to determine or set the amount of any charges made to the public" by the utility.

Keller J. Mellowitz v. Ball State University

Indiana Supreme Court · Nov 21, 2023

that pandemic‐related emergency orders did not create new causes of action, shielding other government entities from pandemic‐related class actions for contract claims, and establishing immunity from tort claims for governmental … We cannot simply assume that Section 7 has the practical effect of foreclosing students from pursuing their claims because “every statute stands before us clothed with the presumption of constitutionality unless clearly overcome

Michael Wayne Glock, David Nixon Glock, and Daniel Colin Glock v. Sheila C. Hale

Indiana Court of Appeals · May 16, 2012

We will reverse such an exercise of discretion only when the decision is clearly against the logic and effect of the facts and the circumstances before the trial court. Nationwide Ins. Co. v. … The Hale affidavits established that there was a romantic relationship between Hale and Alan.

Grzesiowski v. State

168 Ind. App. 318 · Indiana Court of Appeals · Mar 9, 1976

The State would argue that it is clearly within the sole power of the Legislature to fix the punishment for crimes and this court may neither rewrite the statute nor substitute a judicially determined sentence for a legislative … The State contends that the question did not seek an answer based on hearsay nor does the answer qualify as hearsay.

Dempsey v. Belanger

959 N.E.2d 861 · Indiana Court of Appeals · Nov 23, 2011

Therefore, as [Dempsey] ha[s] failed to *865 establish any of the requirements, the Journey’s Account Statute is simply not applicable. … Here, however, because Dempsey’s first complaint was dismissed on the merits and not for lack of subject matter jurisdiction, it does not qualify as a failure in the action. B.

Termination of Parent-Child Relationship of N.G. v. Indiana Department of Child Services

45 N.E.3d 379 · Indiana Court of Appeals · Sep 29, 2015

Clearly [Mother] has not made the progress she needs to make to properly meet [G.C.’s] special needs. … Tr. p. 71-72. [82] We pause to note that, even were it true that Mother was mistaken about how many times she brought unsealed food to a visit with the children, we believe that, although this may technically qualify as a

Zachary Williams v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 26, 2019

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Feb 26 … The deputy prosecutor requested and defense counsel agreed that Angelina should be qualified as a hostile witness. The trial court granted the deputy prosecutor’s request and direct examination continued.

CSX TRANSPORTATION, INC. v. ZAYO GROUP LLC

District Court, S.D. Indiana · Jun 24, 2024

The easement and statute of limitations issues are not controlling in the way typical interlocutory appeal issues are – such as qualified immunity, whose resolution affects whether litigation against a particular party … Hinrichs' attendance relates to CSXT's prior settlement positions and its "post-summary judgment litigation positions," and that "the record evidence establishes that these statements are clearly erroneous and do not justify

Natural Resources Commission v. AMAX Coal Co.

638 N.E.2d 418 · Indiana Supreme Court · Aug 3, 1994

Clearly a state may, in the exercise of its police powers, impose restrictions upon certain types of land use. … The applicant has the burden of establishing that his application complies with all the requirements of this article.

In the Matter of the Adoption of T.G.: D.G. v. M.C.

Indiana Court of Appeals · Jan 30, 2014

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law … At the same time, D.G. was qualified to work on a fire-truck and an ambulance.

Johnny D. Wayt v. State of Indiana

Indiana Court of Appeals · Feb 27, 2014

“The critical inquiry is whether the findings adopted by the court are clearly erroneous.” Id. (internal quotation omitted). … Inman also attempted to tarnish Weber’s credibility by questioning her about the fact that she lied before the grand jury despite being granted immunity for her grand jury testimony.