fact-sensitive inquiry (Indiana) · Go Syfert
← Indiana issues

fact-sensitive inquiry in Indiana

57 Indiana opinions name it 3 courts 1999–2026 7 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 (35)

CaseFollowedCited
Schlichter v. Stategreen
ind · 2002 · cited in 6 Indiana opinions naming this issue, 2015–2018
2 sentences

2018Schlichter v. State, 779 N.E.2d 1155, 1157 (Ind. 2002). [12] In order to evaluate Hodge’s claim, it would be necessary to evaluate the evidence adduced at trial to determine if his convictions were so closely related in time, place, and circumstance that they constituted a single episode of criminal conduct.

2018“Whether certain offenses constitute a single episode of criminal conduct is a fact-sensitive inquiry to be determined by the trial court.” Schlichter v. State, 779 N.E.2d 1155, 1157 (Ind. 2002).

66
State v. Belchergreen
indctapp · 2000 · cited in 4 Indiana opinions naming this issue, 2001–2013
2 sentences

2013Id. (citing State v. Belcher, 725 N.E.2d 92, 94 (Ind.Ct.App.2000), reh’g denied, trans. denied).

2010State v. Belcher, 725 N.E.2d 92, 94 (Ind.Ct.App.2000), reh'g denied, trans. denied.

34
State v. SITTSgreen
indctapp · 2010 · cited in 4 Indiana opinions naming this issue, 2013–2014
2 sentences

2014Sitts v. State, 926 N.E.2d 1118, 1120 (Ind. Ct. App. 2010).

2014Sitts v. State, 926 N.E.2d 1118, 1120 (Ind. Ct. App. 2010).

24
Cesar Chavez v. State of Indianagreen
indctapp · 2013 · cited in 3 Indiana opinions naming this issue, 2016–2019
2 sentences

2019Chavez v. State, 988 N.E.2d 1226, 1229 (Ind. Ct. App. 2013), trans. denied. [21] A person commits the offense of Class A misdemeanor resisting law enforcement by fleeing from a law enforcement officer after the officer has, by visible or audible means, identified himself and ordered the person to stop.

2019Chavez v. State , 988 N.E.2d 1226 , 1229 (Ind. Ct. App. 2013), trans. denied.

23
Community Care Centers, Inc. v. Hamiltongreen
indctapp · 2002 · cited in 3 Indiana opinions naming this issue, 2012–2012
2 sentences

2012“This is not surprising in light of the fact that it is recognized that the determination of whether there are sufficient grounds for piercing the corporate veil ordinarily should not be disposed of by summary judgment, in view of the complex economic questions often involved, especially if fraud is alleged.” Hamilton, 774 N.E.2d at 565 ; see also Ziese, 965 N.E.2d at 719 (“[P]iercing the corporate veil is a fact-sensitive inquiry rendering summary judgment appropriate only in extraordinary circumstances.”).

2012Id. at 570 .

23
Cody Rutledge v. State of Indianagreen
indctapp · 2015 · cited in 2 Indiana opinions naming this issue, 2016–2019
2 sentences

2019Rutledge v. State, 28 N.E.3d 281 (Ind. Ct. App. 2015).

2016Rutledge v. State, 28 N.E.3d 281, 291 (Ind.Ct.App.2015).

12
State v. Eichholtzgreen
indctapp · 2001 · cited in 2 Indiana opinions naming this issue, 2004–2019
2 sentences

2019See Dunson v. State, 64 N.E.3d 250, 254 (Ind. Ct. App. 2016); see also Griffith v. State, 788 N.E.2d 835, 840 (Ind. 2003). [13] “Whether the officer’s suspicion was reasonable is determined on a case-by-case basis by engaging in a fact-sensitive analysis of the totality of the circumstances.” State v. Eichholtz, 752 N.E.2d 163, 165 (Ind. Ct. App. 2001); see also U.S. v. Arvizu, 534 U.S. 266, 274 (2002) (explaining that circumstances should not be considered in isolation from each other and that although each might be susceptible to an innocent explanation, when taken together the circumstances

2004"Whether the officer's suspicion was reasonable is determined on a case-by-case basis by engaging in a fact-sensitive analysis of the totality of the cirenmstances." Id.

12
Michael Pugh v. State of Indianagreen
indctapp · 2016 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026Pugh, 52 N.E.3d at 965.

11
State v. Lefeversgreen
indctapp · 2006 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026Parker v. State, 196 N.E.3d 244 , 254 (Ind. Ct. App. 2022) (quoting State v. Lefevers, 844 N.E.2d 508, 515 (Ind. Ct. App. 2006), trans. denied), trans. denied. [8] Whether an officer’s suspicion was reasonable is a fact-sensitive inquiry that is determined on a case-by-case basis by considering the totality of the circumstances.

11
Gleason v. Stategreen
indctapp · 2012 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026Whether a weapon is “deadly” is a fact-sensitive inquiry in which the factfinder considers the “description of the weapon, the manner of its use, and the circumstances of the case.” Grogg v. State, 156 N.E.3d 744 , 749 (Ind. Ct. App. 2020) (quoting Geason v. State, 965 N.E.2d 702, 708 (Ind. Ct. App. 2012)), trans. denied. [25] The probative evidence and reasonable inferences supporting the verdict show that Romero “grabbed [his] gun and . . . put it in [his] waist with [his] holster” before driving to Ibarra’s house.

11
Bryce A. Burton v. Martin Benner and Indiana State Policegreen
ind · 2020 · cited in 1 Indiana opinions naming this issue, 2025–2025
2 sentences

2025Conduct is within the scope when it is “incidental to authorized conduct or furthers the employer’s business to an appreciable extent.” Id. at 852.

2025But determining the scope of employment is a fact-sensitive analysis with “no precise formula.” Id. at 853.

11
Starke County Assessor v. Porter-Starke Services, Inc.green
indtc · 2017 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020See, e.g., Porter-Starke Servs., 88 N.E.3d at 817-19 (explaining that the holdings in exemption cases involving similar properties differed because of the specific evidentiary presentations and arguments presented, not because of a bright-line test or specific rule).

11
Meredith v. Meredithgreen
indctapp · 2006 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Miller v. Sugden, 849 N.E.2d 758, 761 (Ind. Ct. App. 2006), trans. denied; see also Meredith v. Meredith, 854 N.E.2d 942, 947 (Ind. Ct. App. 2006); Child Supp. G. 3(A), cmt 2(c) (“Obviously, a great deal of discretion will have to be used in this determination.”). [13] Ultimately, the determination of how much potential income to attribute to an unemployed or underemployed parent is a fact-sensitive inquiry requiring careful consideration of the evidence in each case.

11
Fleet Supply, Inc. v. State Board of Tax Commissionersgreen
indtc · 2001 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Assessor v. SPD Realty, LLC, 9 N.E.3d 773, 777 (Ind. Tax Ct. 2014) (explaining that determining whether an exemption applies is a fact-sensitive inquiry); Fleet Supply, Inc. v. State Bd. of Tax Comm’rs, 747 N.E.2d 645, 650 (Ind. Tax Ct. 2001) (indicating that each assessment year, and thus each exemption request, stands alone), review denied. 14

11
Griffith v. Stategreen
ind · 2003 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019See Dunson v. State, 64 N.E.3d 250, 254 (Ind. Ct. App. 2016); see also Griffith v. State, 788 N.E.2d 835, 840 (Ind. 2003). [13] “Whether the officer’s suspicion was reasonable is determined on a case-by-case basis by engaging in a fact-sensitive analysis of the totality of the circumstances.” State v. Eichholtz, 752 N.E.2d 163, 165 (Ind. Ct. App. 2001); see also U.S. v. Arvizu, 534 U.S. 266, 274 (2002) (explaining that circumstances should not be considered in isolation from each other and that although each might be susceptible to an innocent explanation, when taken together the circumstances

11
United States v. Arvizured
scotus · 2002 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019See Dunson v. State, 64 N.E.3d 250, 254 (Ind. Ct. App. 2016); see also Griffith v. State, 788 N.E.2d 835, 840 (Ind. 2003). [13] “Whether the officer’s suspicion was reasonable is determined on a case-by-case basis by engaging in a fact-sensitive analysis of the totality of the circumstances.” State v. Eichholtz, 752 N.E.2d 163, 165 (Ind. Ct. App. 2001); see also U.S. v. Arvizu, 534 U.S. 266, 274 (2002) (explaining that circumstances should not be considered in isolation from each other and that although each might be susceptible to an innocent explanation, when taken together the circumstances

11
Miller v. Sugdengreen
indctapp · 2006 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Miller v. Sugden, 849 N.E.2d 758, 761 (Ind. Ct. App. 2006), trans. denied; see also Meredith v. Meredith, 854 N.E.2d 942, 947 (Ind. Ct. App. 2006); Child Supp. G. 3(A), cmt 2(c) (“Obviously, a great deal of discretion will have to be used in this determination.”). [13] Ultimately, the determination of how much potential income to attribute to an unemployed or underemployed parent is a fact-sensitive inquiry requiring careful consideration of the evidence in each case.

11
Charles Dunson v. State of Indianagreen
indctapp · 2016 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019See Dunson v. State, 64 N.E.3d 250, 254 (Ind. Ct. App. 2016); see also Griffith v. State, 788 N.E.2d 835, 840 (Ind. 2003). [13] “Whether the officer’s suspicion was reasonable is determined on a case-by-case basis by engaging in a fact-sensitive analysis of the totality of the circumstances.” State v. Eichholtz, 752 N.E.2d 163, 165 (Ind. Ct. App. 2001); see also U.S. v. Arvizu, 534 U.S. 266, 274 (2002) (explaining that circumstances should not be considered in isolation from each other and that although each might be susceptible to an innocent explanation, when taken together the circumstances

11
State v. Straubgreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019“Reasonable suspicion entails some minimum level of objective justification for making a stop; something more than an inchoate and unparticularized suspicion or hunch, but considerably less than proof of wrongdoing by a preponderance of the evidence.” State v. Straub, 749 N.E.2d 593, 598 (Ind. Ct. App. 2001). [14] Here, Officer Parker had reasonable suspicion to detain Overton in the alley, after seeing him walk away from the truck, based on the other information he had learned from dispatch and Officer Hofmeister.

11
Hamilton County Assessor v. SPD Realty, LLCgreen
indtc · 2014 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Assessor v. SPD Realty, LLC, 9 N.E.3d 773, 777 (Ind. Tax Ct. 2014) (explaining that determining whether an exemption applies is a fact-sensitive inquiry); Fleet Supply, Inc. v. State Bd. of Tax Comm’rs, 747 N.E.2d 645, 650 (Ind. Tax Ct. 2001) (indicating that each assessment year, and thus each exemption request, stands alone), review denied. 14

11
Weitzman v. Fort Wayne National Bankgreen
indctapp · 2000 · cited in 1 Indiana opinions naming this issue, 2017–2017
11
Robert L. Slone v. State of Indianagreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2017–2017
11
Cornelius Hines v. State of Indianagreen
ind · 2015 · cited in 1 Indiana opinions naming this issue, 2016–2016
11
Pierce v. Stategreen
ind · 2002 · cited in 1 Indiana opinions naming this issue, 2016–2016
11
Sparks v. Alpha Tau Omega Fraternity, Inc.green
nev · 2011 · cited in 1 Indiana opinions naming this issue, 2015–2015
11
Firestone v. Stategreen
indctapp · 2005 · cited in 1 Indiana opinions naming this issue, 2013–2013
11
Ziese & Sons Excavating, Inc. v. Boyer Construction Corp.green
indctapp · 2012 · cited in 1 Indiana opinions naming this issue, 2012–2012
11
Jamestown Homes of Mishawaka, Inc. v. St. Joseph County Assessorgreen
indtc · 2009 · cited in 1 Indiana opinions naming this issue, 2010–2010
11
Barrett v. Stategreen
indctapp · 2005 · cited in 1 Indiana opinions naming this issue, 2008–2008
11
State v. Bulingtongreen
ind · 2004 · cited in 1 Indiana opinions naming this issue, 2008–2008
11
City of Hammond, Lake County v. Drangmeistergreen
indctapp · 1977 · cited in 1 Indiana opinions naming this issue, 2008–2008
11
Jenkins v. Board of County Commissionersgreen
indctapp · 1998 · cited in 1 Indiana opinions naming this issue, 2008–2008
11
Horner v. Tiltongreen
indctapp · 1995 · cited in 1 Indiana opinions naming this issue, 2003–2003
11
Gage v. Bozarthgreen
indctapp · 1987 · cited in 1 Indiana opinions naming this issue, 2002–2002
11
Fobar v. Vonderahegreen
ind · 2002 · cited in 1 Indiana opinions naming this issue, 2002–2002
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 (24)

CaseCitedYears
Dexter Axle Co. v. Baan USA, Inc. green
indctapp · 2005
2 sentences

2012Dexter, 833 N.E.2d at 49 .

2007Dexter, 833 N.E.2d at 49 .

22007–2012
Safety National Casualty Co. v. Cinergy Corp. green
indctapp · 2005
2 sentences

2026Co., 829 N.E.2d at 1004 ). [27] Indiana’s appellate courts have found waiver only in the most blatant of circumstances, and, indeed, this Court has repeatedly recognized that “any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver[.]” Taylor Bldg., 271 N.E.3d at 633 (quoting Welty Bldg.

2026This is a fact-sensitive inquiry that involves an analysis of the waiver factors discussed above, i.e., “the timing of the arbitration request, if dispositive motions have been filed, and/or if a litigant is unfairly manipulating the judicial system by attempting to obtain a second bite at the apple due to an unfavorable ruling in another forum.” Id. (quoting Safety Nat’l Cas.

12026–2026
Allen L. Grogg v. State of Indiana green
indctapp · 2020
1 sentence

2026Whether a weapon is “deadly” is a fact-sensitive inquiry in which the factfinder considers the “description of the weapon, the manner of its use, and the circumstances of the case.” Grogg v. State, 156 N.E.3d 744 , 749 (Ind. Ct. App. 2020) (quoting Geason v. State, 965 N.E.2d 702, 708 (Ind. Ct. App. 2012)), trans. denied. [25] The probative evidence and reasonable inferences supporting the verdict show that Romero “grabbed [his] gun and . . . put it in [his] waist with [his] holster” before driving to Ibarra’s house.

12026–2026
Butler v. State green
ind · 1995
1 sentence

2026Indeed, the State explicitly engaged in a fact-sensitive inquiry under Wadle, concluding that the “two offenses are ‘compressed in terms of time, place, singleness of purpose, and continuity of action as to constitute a single transaction.’” Id. at 87 (quoting Wadle).

12026–2026
Taylor Building Corporation of America v. Brett Milton neutral
indctapp · 2025
1 sentence

2026Co., 829 N.E.2d at 1004 ). [27] Indiana’s appellate courts have found waiver only in the most blatant of circumstances, and, indeed, this Court has repeatedly recognized that “any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver[.]” Taylor Bldg., 271 N.E.3d at 633 (quoting Welty Bldg.

12026–2026
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2023At the guilty plea hearing, when the court asked for a factual basis, Jones acknowledged that he possessed or 4 To the extent Jones cites Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 (2004), and Apprendi v. New Jersey, 530 U.S. 466 , 120 S. Ct. 2348 (2000), and argues that “the sentencing procedure violated [his] Sixth Amendment Right to a jury trial” as “[t]he procedure gave the trial court freedom to make a finding by a preponderance of evidence that no episode of criminal conduct existed,” we note that he also asserts that “the trial court has broad discretion when weighing the fac

2023At the guilty plea hearing, when the court asked for a factual basis, Jones acknowledged that he possessed or 4 To the extent Jones cites Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 (2004), and Apprendi v. New Jersey, 530 U.S. 466 , 120 S. Ct. 2348 (2000), and argues that “the sentencing procedure violated [his] Sixth Amendment Right to a jury trial” as “[t]he procedure gave the trial court freedom to make a finding by a preponderance of evidence that no episode of criminal conduct existed,” we note that he also asserts that “the trial court has broad discretion when weighing the fac

12023–2023
New York Times Co. v. Sullivan green
scotus · 1964
1 sentence

2023New York Times Co., 376 U.S. at 285 .

12023–2023
Blakely v. Washington green
scotus · 2004
2 sentences

2023At the guilty plea hearing, when the court asked for a factual basis, Jones acknowledged that he possessed or 4 To the extent Jones cites Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 (2004), and Apprendi v. New Jersey, 530 U.S. 466 , 120 S. Ct. 2348 (2000), and argues that “the sentencing procedure violated [his] Sixth Amendment Right to a jury trial” as “[t]he procedure gave the trial court freedom to make a finding by a preponderance of evidence that no episode of criminal conduct existed,” we note that he also asserts that “the trial court has broad discretion when weighing the fac

2023At the guilty plea hearing, when the court asked for a factual basis, Jones acknowledged that he possessed or 4 To the extent Jones cites Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 (2004), and Apprendi v. New Jersey, 530 U.S. 466 , 120 S. Ct. 2348 (2000), and argues that “the sentencing procedure violated [his] Sixth Amendment Right to a jury trial” as “[t]he procedure gave the trial court freedom to make a finding by a preponderance of evidence that no episode of criminal conduct existed,” we note that he also asserts that “the trial court has broad discretion when weighing the fac

12023–2023
Kevin M. Clark v. State of Indiana green
ind · 2013
1 sentence

2019Id. [16] In the present case, at the time that Officer Dienhart detained Bailey, the officer had reason to believe that Bailey had committed or was committing the offenses of possession of a narcotic drug and public intoxication.

12019–2019
Oscar Flores v. State of Indiana green
indctapp · 2018
1 sentence

2019Our review of the continuous crime doctrine “‘requires a fact-sensitive analysis.’” Heckard v. State, -- N.E.3d --, No. 18A-CR-1376, 2019 WL 510370 , 11 Our Court has explained that “Indiana case law alternates between ‘continuing’ crime doctrine and ‘continuous’ crime doctrine.” Flores v. State, 114 N.E.3d 522 , 523 n.2 (Ind. Ct. App. 2018).

12019–2019
City of New Haven v. Flying J., Inc. green
indctapp · 2009
12018–2018
Indianapolis Fruit Co. v. Department of State Revenue green
indtc · 1998
12017–2017
Reed v. State green
ind · 2006
12017–2017
Pfenning v. Lineman green
ind · 2011
12016–2016
Henson v. State green
indctapp · 2008
12015–2015
Gary A. Gallien v. State of Indiana green
indctapp · 2014
12015–2015
Johnson v. State green
ind · 2001
12015–2015
State v. Rager green
indctapp · 2008
12013–2013
Sturgeon v. State green
ind · 1999
12009–2009
Oaken Bucket Partners, LLC v. Hamilton County Property Tax Assessment Board of Appeals green
indtc · 2009
12009–2009
Beverly v. State green
indctapp · 2004
12008–2008
Grott v. Jim Barna Log Systems-Midwest, Inc. green
indctapp · 2003
12005–2005
Thompson v. State green
ind · 1997
12001–2001
State Ex Rel. Pollard v. Criminal Ct. of Marion Cty. green
ind · 1975
11999–1999

Statutes the citing opinions construe

IN § Ind. Code § 35-50-1-2 (9) IN § Ind. Code § 9-21-8-2 (4) IN § Ind. Code § 34-28-5-3 (3) IN § Ind. Code § 35-42-4-1 (3) IN § Ind. Code § 35-43-2-1 (3) IN § Ind. Code § 35-47-2-1 (3) IN § Ind. Code § 35-50-2-5 (3) IN § Ind. Code § 35-50-2-8 (3) IN § Ind. Code § 6-1.1-10-16 (3) IN § Ind. Code § 6-1.1-2-1 (3) IN § Ind. Code § 9-30-5-1 (3) IN § Ind. Code § 9-30-5-2 (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

NJ 226 (1986–2026) IN 57 (1999–2026) TN 18 (1994–2026) CA 17 (2011–2022) PA 15 (2007–2026) TX 12 (1984–2017) UT 9 (1991–2019) NC 7 (2011–2023) IL 5 (1992–2021) MA 4 (1997–2009) NY 3 (1992–2009) CO 3 (2001–2024) AZ 3 (1993–2015) ID 3 (2024–2026) DE 2 (1990–2020) LA 2 (1997–2022) WY 2 (1993–2012) MN 2 (2004–2013) NM 2 (2022–2024) CT 2 (2007–2015)

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