guiding principle (Indiana) · Go Syfert
← Indiana issues

guiding principle in Indiana

27 Indiana opinions name it 2 courts 1924–2023 2 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Grange Insurance Co. v. Grahamgreen
indctapp · 2006 · cited in 2 Indiana opinions naming this issue, 2011–2012
2 sentences

2012The court reasoned that Corr did not overrule Sanders and that, reading those decisions together, the guiding principle, as stated in Sanders , is that “the [UM/UIM] statute’s focus is on placing the insured in the position he would have occupied if the tortfea-sor had liability coverage equal to [the insured’s] underinsured motorist limits.” Id. at 601 (second alteration in original) (quoting Sanders, 644 N.E.2d at 887 ) (internal quotation marks omitted).

2011Indeed, this comports with the statutory definition of “underinsured motor vehicle” which “includes an insured motor vehicle where the limits of coverage available for payment to the insured under all bodily injury liability policies covering persons liable to the insured are less than the limits for the insured’s underinsured motorist coverage at the time of the aecident[.]” Id. (internal citations omitted).

12
University of Southern Indiana Foundation v. Bakergreen
ind · 2006 · cited in 1 Indiana opinions naming this issue, 2023–2023
2 sentences

2023The guiding principle in interpreting trust documents is to “ascertain and give effect to the settlor’s intention.” Univ. of S. Ind. Found. v. Baker, 843 N.E.2d 528, 532 (Ind. 2006).

2023A trust document is not ambiguous “merely because [the] parties disagree about a term’s meaning.” Id.

11
Smith v. Stategreen
ind · 1993 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013“Term of Imprisonment” Does Not Include Suspended Time In 1993, we established a guiding principle for misdemeanor sentencing, holding that “a combined term of probation and imprisonment exceeding one year is inconsistent with the maximum term for conviction for a misdemeanor.” Smith v. State, 621 N.E.2d 325, 326 (Ind.1993).

11
Snyder v. Kinggreen
ind · 2011 · cited in 1 Indiana opinions naming this issue, 2013–2013
2 sentences

2013We often cite the intent of the framers of our founding documents as a guiding principle of our jurisprudence, see, e.g., Snyder v. King, 958 N.E.2d 764, 772 (Ind. 2011), Spickermon v. Goddard, 182 Ind. 523, 525 , 107 N.E. 2, 3 (1914), State v. Denny, 118 Ind. 449, 458 , 21 N.E. 274, 276 (1889), but rarely are we afforded the benefit of knowing exactly what the framers of our constitution were thinking when they penned the words to a specific provision.

2013We often cite the intent of the framers of our founding documents as a guiding principle of our jurisprudence, see, e.g., Snyder v. King, 958 N.E.2d 764, 772 (Ind.2011), Spickermon v. Goddard, 182 Ind. 523, 525 , 107 N.E. 2, 3 (1914), State v. Denny, 118 Ind. 449, 458 , 21 N.E. 274, 276 (1889), but rarely are we afforded the benefit of knowing exactly what the framers of our constitution were thinking when they penned the words to a specific provision.

11
State ex rel. Holt v. Dennygreen
· 1889 · cited in 1 Indiana opinions naming this issue, 2013–2013
2 sentences

2013We often cite the intent of the framers of our founding documents as a guiding principle of our jurisprudence, see, e.g., Snyder v. King, 958 N.E.2d 764, 772 (Ind.2011), Spickermon v. Goddard, 182 Ind. 523, 525 , 107 N.E. 2, 3 (1914), State v. Denny, 118 Ind. 449, 458 , 21 N.E. 274, 276 (1889), but rarely are we afforded the benefit of knowing exactly what the framers of our constitution were thinking when they penned the words to a specific provision.

2013We often cite the intent of the framers of our founding documents as a guiding principle of our jurisprudence, see, e.g., Snyder v. King, 958 N.E.2d 764, 772 (Ind.2011), Spickermon v. Goddard, 182 Ind. 523, 525 , 107 N.E. 2, 3 (1914), State v. Denny, 118 Ind. 449, 458 , 21 N.E. 274, 276 (1889), but rarely are we afforded the benefit of knowing exactly what the framers of our constitution were thinking when they penned the words to a specific provision.

11
Spickerman v. Goddardgreen
ind · 1914 · cited in 1 Indiana opinions naming this issue, 2013–2013
2 sentences

2013We often cite the intent of the framers of our founding documents as a guiding principle of our jurisprudence, see, e.g., Snyder v. King, 958 N.E.2d 764, 772 (Ind.2011), Spickermon v. Goddard, 182 Ind. 523, 525 , 107 N.E. 2, 3 (1914), State v. Denny, 118 Ind. 449, 458 , 21 N.E. 274, 276 (1889), but rarely are we afforded the benefit of knowing exactly what the framers of our constitution were thinking when they penned the words to a specific provision.

2013We often cite the intent of the framers of our founding documents as a guiding principle of our jurisprudence, see, e.g., Snyder v. King, 958 N.E.2d 764, 772 (Ind.2011), Spickermon v. Goddard, 182 Ind. 523, 525 , 107 N.E. 2, 3 (1914), State v. Denny, 118 Ind. 449, 458 , 21 N.E. 274, 276 (1889), but rarely are we afforded the benefit of knowing exactly what the framers of our constitution were thinking when they penned the words to a specific provision.

11
E.P. v. Marion County Office of Family & Childrengreen
indctapp · 1995 · cited in 1 Indiana opinions naming this issue, 2004–2004
1 sentence

2004See, e.g., E.P. v. Marion County Office of Family & Children, 653 N.E.2d 1026 (Ind.Ct.App.1995) ("parent's constitutionally protected right to raise his or her child ... must at all times yield to the child's best interest as determined by the courts of this state"); B.G. v. H.S., 509 N.E.2d 214, 217 (Ind.Ct.App.1987) ("[the best interests of the child are the primary concern in an adoption proceeding"); Stout v. Tippecanoe County Dep't of Pub.

11
Bg v. Hsgreen
indctapp · 1987 · cited in 1 Indiana opinions naming this issue, 2004–2004
1 sentence

2004See, e.g., E.P. v. Marion County Office of Family & Children, 653 N.E.2d 1026 (Ind.Ct.App.1995) ("parent's constitutionally protected right to raise his or her child ... must at all times yield to the child's best interest as determined by the courts of this state"); B.G. v. H.S., 509 N.E.2d 214, 217 (Ind.Ct.App.1987) ("[the best interests of the child are the primary concern in an adoption proceeding"); Stout v. Tippecanoe County Dep't of Pub.

11
Stout v. Tippecanoe County Department of Public Welfaregreen
indctapp · 1979 · cited in 1 Indiana opinions naming this issue, 2003–2003
2 sentences

2003See LC. § 31-19-11-l(a)(1); see also Stout v. Tippeca noe County Dept. of Public Welfare, 182 Ind.App. 404 , 395 N.E.2d 444, 448 (1979) ("tlhe paramount consideration in any adoption proceeding is ... the best interest of the child").

2003See LC. § 31-19-11-l(a)(1); see also Stout v. Tippeca noe County Dept. of Public Welfare, 182 Ind.App. 404 , 395 N.E.2d 444, 448 (1979) ("tlhe paramount consideration in any adoption proceeding is ... the best interest of the child").

11
Estate of Kuba Ex Rel. Kuba v. Ristow Trucking Co.green
ind · 1987 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999See, e.g., Ed Wiersma, 643 N.E.2d at 911-13 (consistent with pecuniary loss rule to allow dependent next of kin to recover damages based upon emotional loss of decedent’s love, care, and affection); Estate of Kuba v. Ristow Trucking Co., 508 N.E.2d 1, 2 (Ind.1987) (inconsistent with pecuniary' loss rule to allow wrongful death plaintiff to recover treble damages pursuant to separate statutory provision since treble damages are meant to punish- the defendants, not to compensate the decedent’s dependents).

11
Ed Wiersma Trucking Co. v. Pfaffgreen
indctapp · 1994 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999See, e.g., Ed Wiersma, 643 N.E.2d at 911-13 (consistent with pecuniary loss rule to allow dependent next of kin to recover damages based upon emotional loss of decedent’s love, care, and affection); Estate of Kuba v. Ristow Trucking Co., 508 N.E.2d 1, 2 (Ind.1987) (inconsistent with pecuniary' loss rule to allow wrongful death plaintiff to recover treble damages pursuant to separate statutory provision since treble damages are meant to punish- the defendants, not to compensate the decedent’s dependents).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (22)

CaseCitedYears
In Re the Marriage of Davis green
indctapp · 1982
2 sentences

1993Thompson v. Thompson (1990), Ind. App., 550 N.E.2d 1332 ; In re Marriage of Davis (1982), Ind.App., 441 N.E.2d 719 .

1993Thompson v. Thompson (1990), Ind. *477 App., 550 N.E.2d 1332; In re Marriage of Davis (1982), Ind. App., 441 N.E.2d 719 .

21992–1993
Holt v. State green
indctapp · 1978
2 sentences

1984Williams v. State, (1979) [271] Ind. [656] 395 N.E.2d 239 ; Furnace v. State, (1899) 153 Ind. 93 , 54 N.E. 441 ; Holt v. State, (1978) Ind.App., 383 N.E.2d 467 .

1982Williams v. State, (1979) Ind., 395 N.E.2d 239 ; Furnace v. State, (1899) 153 Ind. 93 , 54 N.E. 441 ; Holt v. State, (1978) Ind.App., 383 N.E.2d 467 .

21982–1984
Williams v. State green
ind · 1979
2 sentences

1984Williams v. State, (1979) [271] Ind. [656] 395 N.E.2d 239 ; Furnace v. State, (1899) 153 Ind. 93 , 54 N.E. 441 ; Holt v. State, (1978) Ind.App., 383 N.E.2d 467 .

1982Williams v. State, (1979) Ind., 395 N.E.2d 239 ; Furnace v. State, (1899) 153 Ind. 93 , 54 N.E. 441 ; Holt v. State, (1978) Ind.App., 383 N.E.2d 467 .

21982–1984
State v. Elder green
ind · 1879
2 sentences

1984Applied by an ‘overwhelming majority’ of jurisdictions, Annot., 37 A.L.R.3d 1407 , 1409 (1971), the single larceny doctrine has long been cited as a guiding rule in Indiana, see State v. Elder, (1879) 65 Ind. 282 , and followed in numerous Indiana decisions.

1982Applied by an “overwhelming majority” of jurisdictions, Annot., 37 A.L.R.3d 1407 , 1409 (1971), the single larceny doctrine has long been cited as a guiding rule in Indiana, see State v. Elder, (1879) 65 Ind. 282 , and followed in numerous Indiana decisions.

21982–1984
Furnace v. State green
ind · 1899
2 sentences

1984Williams v. State, (1979) [271] Ind. [656] 395 N.E.2d 239 ; Furnace v. State, (1899) 153 Ind. 93 , 54 N.E. 441 ; Holt v. State, (1978) Ind.App., 383 N.E.2d 467 .

1984Williams v. State, (1979) [271] Ind. [656] 395 N.E.2d 239 ; Furnace v. State, (1899) 153 Ind. 93 , 54 N.E. 441 ; Holt v. State, (1978) Ind.App., 383 N.E.2d 467 .

21982–1984
Franklin v. Franklin green
indctapp · 1976
2 sentences

1980Cf. Franklin v. Franklin, (1976) Ind.App., 349 N.E.2d 210 (The guiding principle of the Dissolution of Marriage Act, IC 31-1-11.5, is the best interest of the child).

1980Cf. Franklin v. Franklin, (1976) Ind. App., 349 N.E.2d 210 (The guiding principle of the Dissolution of Marriage Act, IC 31-1-11.5, is the best interest of the child).

21980–1982
Bernard v. State green
ind · 1967
2 sentences

1981“The guiding principle to be followed by trial courts in dealing with the area of criminal discovery was set down in Bernard v. State, supra [ 248 Ind. 688 , 230 N.E.2d 536 ].

1981“The guiding principle to be followed by trial courts in dealing with the area of criminal discovery was set down in Bernard v. State, supra [ 248 Ind. 688 , 230 N.E.2d 536 ].

21978–1981
The Care Group Heart Hospital, LLC v. Roderick J. Sawyer, M.D. green
ind · 2018
1 sentence

2021Sawyer, 93 N.E.3d at 753 .

12021–2021
Allstate Insurance Co. v. Sanders green
indctapp · 1994
1 sentence

2012The court reasoned that Corr did not overrule Sanders and that, reading those decisions together, the guiding principle, as stated in Sanders , is that “the [UM/UIM] statute’s focus is on placing the insured in the position he would have occupied if the tortfea-sor had liability coverage equal to [the insured’s] underinsured motorist limits.” Id. at 601 (second alteration in original) (quoting Sanders, 644 N.E.2d at 887 ) (internal quotation marks omitted).

12012–2012
Sommers v. 13300 Brandon Corp. green
ilnd · 1989
1 sentence

2007Shaw asserts the Sommers court "applied lex loci delecti [sic] and determined that Indiana common law would apply.” (Response Br. of Appellants at 6.) In fact, that court explicitly stated lex loci delicti "is no longer the guiding principle in Illinois.'' 712 F.Supp. at 704 .

12007–2007
Talas v. Correct Piping Co., Inc. green
ind · 1982
1 sentence

1995Talas v. Correct Piping Co. (1982) Ind., 435 N.E.2d 22, 26 .

11995–1995
Thompson v. Thompson green
indctapp · 1990
1 sentence

1993Thompson v. Thompson (1990), Ind. App., 550 N.E.2d 1332 ; In re Marriage of Davis (1982), Ind.App., 441 N.E.2d 719 .

11993–1993
State Bank of Young America v. Vidmar Iron Works, Inc. green
minn · 1980
1 sentence

1988However, it is clear that the debtor need not have title to the goods, State Bank of Young America v. Vidmar Iron Works, Inc. (1980), Minn., 292 N.W.2d 244 , and that possession of the collateral is also not the guiding principle Manger v. Davis (1980), Utah, 619 P.2d 687 .

11988–1988
Manger v. Davis green
utah · 1980
1 sentence

1988However, it is clear that the debtor need not have title to the goods, State Bank of Young America v. Vidmar Iron Works, Inc. (1980), Minn., 292 N.W.2d 244 , and that possession of the collateral is also not the guiding principle Manger v. Davis (1980), Utah, 619 P.2d 687 .

11988–1988
Haskett v. State green
indctapp · 1979
1 sentence

1979Keller, supra; Haskett v. State, (1979) Ind.App., 386 N.E.2d 1012 .

11979–1979
Liberty Mutual Insurance v. Stitzle green
ind · 1942
2 sentences

1971He quotes as the guiding rule for determining whether an injured rider is a “passenger” or a “guest” the following from Liberty Mutual Insurance Company v. Stitzle (1942), 220 Ind. 180, 185 , 41 N. E. 2d 133 : “The word ‘guest’ has more of social than business significance.

1971He quotes as the guiding rule for determining whether an injured rider is a “passenger” or a “guest” the following from Liberty Mutual Insurance Company v. Stitzle (1942), 220 Ind. 180, 185 , 41 N. E. 2d 133 : “The word ‘guest’ has more of social than business significance.

11971–1971
First National Bank in Greenwich v. National Airlines, Inc. green
nysd · 1958
1 sentence

1969N. Y. 1952); First National Bank in Greenwich v. National Airlines, 22 F.R.D. 46 (S. D.

11969–1969
Rivera v. American Export Lines, Inc. green
nysd · 1952
1 sentence

1969Whether such prior depositions can now be offered into evidence rests within the sound discretion of the Court and the guiding principle which has been adopted by this Court is the more liberal view advocated by- the late Pro-fessorWigmore: ‘It ought, then; to be sufficient to inquire whether the former testimony was given upon such-an issue that the party-opponent in that case had the same interest and motive, in his cross examination that the present opponent has; ; ; ; Wigmore (3rd Ed. 1940) § 1338, p. 95 (Emphasis in the Original See also, Rivera v. American Export Lines, 13 F.R.D. 27 (S.

11969–1969
Bullerdick v. Wright green
ind · 1897
2 sentences

1963Os-burn, then the trust provisions of Item 6 would be inoperative.” Our Supreme Court stated in Bullerdick v. Wright (1897), 148 Ind. 477, 483 , 47 N. E. 931 ; “The guiding rule prescribed by the authorities, from Blaekstone down to the present time, for the interpretation of wills, is, that the intention of the testator as the same is disclosed by the entire will must prevail, when such intention is not inconsistent with the settled rules of law.

1963Os-burn, then the trust provisions of Item 6 would be inoperative.” Our Supreme Court stated in Bullerdick v. Wright (1897), 148 Ind. 477, 483 , 47 N. E. 931 ; “The guiding rule prescribed by the authorities, from Blaekstone down to the present time, for the interpretation of wills, is, that the intention of the testator as the same is disclosed by the entire will must prevail, when such intention is not inconsistent with the settled rules of law.

11963–1963
Wallace v. Long green
ind · 1886
11959–1959
App v. Lutheran Congregation neutral
pa · 1847
11944–1944
Malone v. State Life Insurance green
moctapp · 1919
11924–1924

Where else courts name it

NJ 216 (1953–2026) CA 171 (1941–2026) NY 162 (1887–2026) TX 137 (1947–2025) IL 124 (1960–2026) PA 98 (1919–2025) WA 83 (1937–2025) MA 79 (1930–2024) TN 68 (1984–2024) CT 52 (1946–2024) MI 50 (1957–2025) DC 43 (1971–2024) FL 43 (1915–2025) NM 42 (1937–2024) OH 37 (1965–2024) MO 36 (1913–2018) AR 35 (1948–2026) MN 35 (1940–2023) WV 35 (1895–2022) MD 33 (1926–2026) VA 32 (1932–2024) AL 30 (1929–2013) WI 29 (1959–2025) KS 28 (1937–2026) CO 28 (1969–2025) IN 27 (1924–2023) LA 26 (1908–2017) NC 25 (1969–2025) AZ 23 (1964–2025) OR 18 (1931–2018) IA 18 (1927–2024) UT 17 (1919–2023) KY 16 (1940–2025) MT 15 (1937–2025) DE 14 (1956–2023) ME 13 (1948–2021) RI 13 (1979–2024) NH 12 (1974–2024) AK 11 (1988–2024) HI 11 (1960–2024) SC 10 (1998–2025) MS 10 (1969–2023) OK 9 (1906–2024) VT 9 (1974–2020) GA 8 (1938–2023) WY 8 (1951–2025) NE 7 (1927–2013) ID 6 (1990–2023) NV 5 (1952–2011) ND 5 (1918–1992) SD 4 (1974–2015) VI 2 (2006–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check