burden to overcome presumption in Indiana

14 Indiana opinions name it 3 courts 1973–2024 1 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 (7)

Case	Followed	Cited
Paternity of V.M. v. Mooregreen indctapp · 2003 · cited in 4 Indiana opinions naming this issue, 2005–2007 2 sentences 2007See also In re Guardianship of A.R.S., 816 N.E.2d 1160 (Ind.Ct.App.2004) (applying the Indiana Supreme Court's opinion in B.H. to a parent's petition to terminate the guardianship of her children by their grandparents); In re Paternity of V.M., 790 N.E.2d 1005, 1008 (Ind.Ct.App.2003) (holding that the grandparents, who had custody of their grandchildren, had the burden to overcome the presumption in favor of the natural father in the father's petition to modify custody of the children); In re Guardianship of L.L., 745 N.E.2d 222, 231-232 (Ind.Ct.App.2001) (holding that the grandmother, who had 2007See also In re Guardianship of A.R.S., 816 N.E.2d 1160 (Ind.Ct.App.2004) (applying the Indiana Supreme Court’s opinion in B.H. to a parent’s petition to terminate the guardianship of her children by their grandparents); In re Paternity of V.M., 790 N.E.2d 1005, 1008 (Ind.Ct.App.2003) (holding that the grandparents, who had custody of their grandchildren, had the burden to overcome the presumption in favor of the natural father in the father’s petition to modify custody of the children); In re Guardianship of L.L., 745 N.E.2d 222, 231-232 (Ind.Ct.App.2001) (holding that the grandmother, who had	2	4
In Re Guardianship of ARSgreen indctapp · 2004 · cited in 2 Indiana opinions naming this issue, 2007–2007 2 sentences 2007See also In re Guardianship of A.R.S., 816 N.E.2d 1160 (Ind.Ct.App.2004) (applying the Indiana Supreme Court's opinion in B.H. to a parent's petition to terminate the guardianship of her children by their grandparents); In re Paternity of V.M., 790 N.E.2d 1005, 1008 (Ind.Ct.App.2003) (holding that the grandparents, who had custody of their grandchildren, had the burden to overcome the presumption in favor of the natural father in the father's petition to modify custody of the children); In re Guardianship of L.L., 745 N.E.2d 222, 231-232 (Ind.Ct.App.2001) (holding that the grandmother, who had 2007See also In re Guardianship of A.R.S., 816 N.E.2d 1160 (Ind.Ct.App.2004) (applying the Indiana Supreme Court’s opinion in B.H. to a parent’s petition to terminate the guardianship of her children by their grandparents); In re Paternity of V.M., 790 N.E.2d 1005, 1008 (Ind.Ct.App.2003) (holding that the grandparents, who had custody of their grandchildren, had the burden to overcome the presumption in favor of the natural father in the father’s petition to modify custody of the children); In re Guardianship of L.L., 745 N.E.2d 222, 231-232 (Ind.Ct.App.2001) (holding that the grandmother, who had	2	2
In Re Guardianship of Llgreen indctapp · 2001 · cited in 2 Indiana opinions naming this issue, 2007–2007 2 sentences 2007See also In re Guardianship of A.R.S., 816 N.E.2d 1160 (Ind.Ct.App.2004) (applying the Indiana Supreme Court's opinion in B.H. to a parent's petition to terminate the guardianship of her children by their grandparents); In re Paternity of V.M., 790 N.E.2d 1005, 1008 (Ind.Ct.App.2003) (holding that the grandparents, who had custody of their grandchildren, had the burden to overcome the presumption in favor of the natural father in the father's petition to modify custody of the children); In re Guardianship of L.L., 745 N.E.2d 222, 231-232 (Ind.Ct.App.2001) (holding that the grandmother, who had 2007See also In re Guardianship of A.R.S., 816 N.E.2d 1160 (Ind.Ct.App.2004) (applying the Indiana Supreme Court’s opinion in B.H. to a parent’s petition to terminate the guardianship of her children by their grandparents); In re Paternity of V.M., 790 N.E.2d 1005, 1008 (Ind.Ct.App.2003) (holding that the grandparents, who had custody of their grandchildren, had the burden to overcome the presumption in favor of the natural father in the father’s petition to modify custody of the children); In re Guardianship of L.L., 745 N.E.2d 222, 231-232 (Ind.Ct.App.2001) (holding that the grandmother, who had	2	2
Mid-America Mailers, Inc. v. State Board of Tax Commissionersgreen indtc · 1994 · cited in 2 Indiana opinions naming this issue, 1995–2024 2 sentences 2024(Pet’r Br. at 40.) This Court addresses each in turn, noting as a general principle that “[d]uly promulgated statutes enjoy a strong presumption of constitutionality, and the party challenging the constitutionality bears the burden to overcome the presumption.” Mid-America Mailers, Inc. v. State Bd. of Tax Comm’rs, 639 N.E.2d 380, 386 (Ind. Tax Ct. 1994) (citation omitted). 1995The court notes, however, that “[d]uly promulgated statutes enjoy a strong presumption of constitutionality, and the party challenging the constitutionality bears the burden to overcome the presumption.” Mid-America Mailers, Inc. v. State Bd. of Tax Comm’rs (1994), Ind.Tax, 639 N.E.2d 380, 386 .	1	2
Roehl Transport, Inc. v. Indiana Department of State Revenuegreen indtc · 1995 · cited in 1 Indiana opinions naming this issue, 1996–1996 1 sentence 1996The court notes that the Indiana Gross Income Tax Act, as a series of duly promulgated statutes, “enjoy[s] a strong presumption of constitutionality, and the party challenging the constitutionality bears the burden to overcome the presumption.” Roehl Transport, Inc. v. Indiana Dep’t of State Revenue, 653 N.E.2d 539, 545 (Ind.Tax 1995).	1	1
State Line Elevator, Inc. v. State Board of Tax Commissionersgreen indtc · 1988 · cited in 1 Indiana opinions naming this issue, 1994–1994 1 sentence 1994State Line Elevator, Inc. v. State Bd. of Tax Comm'rs (1988), Ind.Tax, 528 N.E.2d 501, 503 (citing Bunker v. National Gypsum Co. (1982), Ind., 441 N.E.2d 8, 11 , appeal denied, 460 U.S. 1076 , 103 S.Ct. 1761 , 76 L.Ed.2d 338 ).	1	1
Conley v. Stategreen ind · 1972 · cited in 1 Indiana opinions naming this issue, 1973–1973 2 sentences 1973See Conley v. State (1972), 259 Ind. 29 , 284 N.E.2d 803 . 1973See Conley v. State (1972), 259 Ind. 29 , 284 N.E.2d 803 .	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (19)

Case	Cited	Years
Carter v. Carter Coal Co. green scotus · 1936 2 sentences 2019Cf. Carter , 298 U.S. at 312 , 56 S.Ct. 855 . 2019Cf. Carter , 298 U.S. at 312 , 56 S.Ct. 855 .	1	2019–2019
In Re Paternity of ZTH green indctapp · 2005 1 sentence 2009J.I. counters that the facts in this case should be controlled not by B.H., but by In re Paternity of Z.T.H., 839 N.E.2d 246 (Ind.Ct.App.2005), trams. not sought.	1	2009–2009
Strickland v. Washington green scotus · 1984 2 sentences 1996Id. at 308 (citing Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1996Id. at 308 (citing Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).	1	1996–1996
Burr v. State green ind · 1986 1 sentence 1996Id. at 308 (citing Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).	1	1996–1996
Bunker v. National Gypsum Co. green ind · 1982 1 sentence 1994State Line Elevator, Inc. v. State Bd. of Tax Comm'rs (1988), Ind.Tax, 528 N.E.2d 501, 503 (citing Bunker v. National Gypsum Co. (1982), Ind., 441 N.E.2d 8, 11 , appeal denied, 460 U.S. 1076 , 103 S.Ct. 1761 , 76 L.Ed.2d 338 ).	1	1994–1994
Velilla v. UTC/Hamilton Standard DiVision green scotus · 1983 1 sentence 1994State Line Elevator, Inc. v. State Bd. of Tax Comm'rs (1988), Ind.Tax, 528 N.E.2d 501, 503 (citing Bunker v. National Gypsum Co. (1982), Ind., 441 N.E.2d 8, 11 , appeal denied, 460 U.S. 1076 , 103 S.Ct. 1761 , 76 L.Ed.2d 338 ).	1	1994–1994
Temple v. Alabama Public Service Commission green scotus · 1983 1 sentence 1994State Line Elevator, Inc. v. State Bd. of Tax Comm'rs (1988), Ind.Tax, 528 N.E.2d 501, 503 (citing Bunker v. National Gypsum Co. (1982), Ind., 441 N.E.2d 8, 11 , appeal denied, 460 U.S. 1076 , 103 S.Ct. 1761 , 76 L.Ed.2d 338 ).	1	1994–1994
Tolub v. Evans green scotus · 1983 1 sentence 1994State Line Elevator, Inc. v. State Bd. of Tax Comm'rs (1988), Ind.Tax, 528 N.E.2d 501, 503 (citing Bunker v. National Gypsum Co. (1982), Ind., 441 N.E.2d 8, 11 , appeal denied, 460 U.S. 1076 , 103 S.Ct. 1761 , 76 L.Ed.2d 338 ).	1	1994–1994
Klepinger v. Bd. of Comm. Co. of Miami green indctapp · 1968 1 sentence 1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual.	1	1980–1980
Campbell v. State green indctapp · 1971 1 sentence 1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual.	1	1980–1980
Manson v. Wabash Railroad Company green mo · 1960 1 sentence 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . *60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith.	1	1980–1980
Wirsing v. Krzeminski green wis · 1973 2 sentences 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . 60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . 60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith.	1	1980–1980
State v. . Pugh neutral nc · 1888 2 sentences 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . 60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . 60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith.	1	1980–1980
Klepinger v. Board of Comm. green indctapp · 1968 1 sentence 1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual.	1	1980–1980
Brinkman v. City of Indianapolis green indctapp · 1967 2 sentences 1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual. 1980State v. Pugh, supra. It is also true that the City can be found liable for damages for personal injury if a relationship of principal and agent or master and servant is found to exist between the municipality and the officer, Brinkman v. City of Indianapolis (1967), 141 Ind.App. 662 , 231 N.E.2d 169 ; Klepinger v. Board of Commissioners of County of Miami (1968), 143 Ind.App. 155 , 239 N.E.2d 160 (overruled on other grounds, Campbell v. State (1971), Ind.App., 269 N.E.2d 765 ); and if the actions of the policeman can be found to breach a duty which was owed to a private individual.	1	1980–1980
Bursack v. Davis green wis · 1929 2 sentences 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . 60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith. 1980On the contrary, Ervin had the burden to prove the claim made in her complaint that “the killing resulted from the use of unreasonable force by the police officers.” Manson v. Wabash Railroad Co. (1960 Mo.), 338 S.W.2d 54 ; State v. Pugh (1888), 101 N.C. 737 , 7 S.E. 757 ; Bursack v. Davis (1929), 199 Wis. 115 , 225 N.W. 738 ; Wirsing v. Krzeminski (1973), 61 Wis.2d 513 , 213 N.W.2d 37 . 60 In fact, Ervin had the burden to overcome a presumption that the police officer acted in good faith.	1	1980–1980
Haddock v. State neutral ind · 1973 2 sentences 1976These rules have been explicitly reaffirmed by our Supreme Court within this month in Haddock v. State, 260 Ind. 593 , 298 N.E.2d 418 (1973).” There is a presumption that court appointed counsel is competent to represent a defendant and the defendant has the burden to overcome that presumption in a Post Conviction hearing. 1976These rules have been explicitly reaffirmed by our Supreme Court within this month in Haddock v. State, 260 Ind. 593 , 298 N.E.2d 418 (1973).” There is a presumption that court appointed counsel is competent to represent a defendant and the defendant has the burden to overcome that presumption in a Post Conviction hearing.	1	1976–1976
Schmittler v. State green ind · 1950 2 sentences 1976Shuemak v. State (1970), 254 Ind. 117 , 258 N.E.2d 158 , quoted the following from Schmittler v. State (1950), 228 Ind. 450 , 93 N.E.2d 184 : “ ‘It must be presumed that appellant’s attorney . discharged his full duty and it should require strong and convincing proof to overcome this presumption.’ ” It is our opinion that Cobb failed to overcome the presumption that his court appointed attorney was competent. 1976Shuemak v. State (1970), 254 Ind. 117 , 258 N.E.2d 158 , quoted the following from Schmittler v. State (1950), 228 Ind. 450 , 93 N.E.2d 184 : “ ‘It must be presumed that appellant’s attorney . discharged his full duty and it should require strong and convincing proof to overcome this presumption.’ ” It is our opinion that Cobb failed to overcome the presumption that his court appointed attorney was competent.	1	1976–1976
Shuemak v. State green ind · 1970 2 sentences 1976Shuemak v. State (1970), 254 Ind. 117 , 258 N.E.2d 158 , quoted the following from Schmittler v. State (1950), 228 Ind. 450 , 93 N.E.2d 184 : “ ‘It must be presumed that appellant’s attorney . discharged his full duty and it should require strong and convincing proof to overcome this presumption.’ ” It is our opinion that Cobb failed to overcome the presumption that his court appointed attorney was competent. 1976Shuemak v. State (1970), 254 Ind. 117 , 258 N.E.2d 158 , quoted the following from Schmittler v. State (1950), 228 Ind. 450 , 93 N.E.2d 184 : “ ‘It must be presumed that appellant’s attorney . discharged his full duty and it should require strong and convincing proof to overcome this presumption.’ ” It is our opinion that Cobb failed to overcome the presumption that his court appointed attorney was competent.	1	1976–1976

Statutes the citing opinions construe

IN § Ind. Code § 31-14-13-2.5 (3) IN § Ind. Code § 31-14-13-6 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 103 (1989–2026) CA 32 (2014–2026) IL 31 (1977–2026) MO 26 (1981–2023) FL 23 (2004–2022) IN 14 (1973–2024) MS 14 (1996–2018) WI 13 (2006–2025) SD 12 (1996–2020) OH 9 (1978–2025) PA 9 (2010–2026) IA 8 (1941–2019) MI 8 (1975–2025) AL 7 (1912–2026) MT 7 (2011–2023) GA 6 (1972–2021) OR 6 (1985–2024) WA 6 (2016–2025) CT 5 (1985–2007) NM 5 (1975–2024) MN 5 (1920–2019) NJ 5 (1993–2016) ND 5 (1985–2015) MD 5 (1959–2022) NC 4 (1969–2026) ME 3 (1994–2023) LA 3 (1965–1997) NY 3 (1997–2026) AR 2 (2006–2006) SC 2 (2003–2005) TN 2 (2002–2007) VA 2 (2001–2018) KY 2 (1996–2021) KS 2 (2018–2020) VT 2 (2015–2026)

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.

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