Hite v. Haase

15 Citing cases

  1. Enterprise Leasing Co. v. Jones

    789 So. 2d 964 (Fla. 2001)   Cited 17 times
    Holding that the court may retain jurisdiction despite mootness because the issue on appeal is likely to recur

    Other states also follow the presumption disfavoring prejudice or bias on the part of the judge. See Pizzuto v. State, 10 P.3d 742 (Idaho 2000) ("[E]ven where a trial judge is exposed to prejudicial information, judges are usually presumed to be `capable of disregarding that which should be disregarded' in our judicial system."); Hite v. Haase, 729 N.E.2d 170 (Ind.Ct.App. 2000) ("A judge is presumed by law to be unbiased and unprejudiced. A mere allegation of bias without a specific factual showing in support is insufficient to require disqualification."); State v. Lake, 98 Wn. App. 1020 (Wash.Ct.App. 1999) (prejudice is not presumed, and the party claiming bias or prejudice must support the claim with evidence of the judge's actual or potential bias).

  2. Wilder v. Hohenberger

    No. 22A-EV-2142 (Ind. App. Apr. 20, 2023)

    "We have the plenary power to order a brief stricken from our files for the use of impertinent, intemperate, scandalous, or vituperative language on appeal impugning or disparaging this court, the trial court, or opposing counsel." Hite v. Haase, 729 N.E.2d 170, 175-76 (Ind.Ct.App. 2000) (quoting Pitman v. Pitman, 717 N.E.2d 627, 634 (Ind.Ct.App. 1999). While we choose not to strike Wilder's entire brief

  3. Martiradonna v. Rynberk

    37 N.E.3d 979 (Ind. App. 2015)

    There will be no reversal of a trial court discovery order without a showing of prejudice.Hite v. Haase, 729 N.E.2d 170, 181 (Ind.Ct.App.2000) (quoting Nat'l Eng'g & Contracting Co. v. C & P Eng'g & Mfg. Co., 676 N.E .2d 372, 375 (Ind.Ct.App.1997) ). “Discovery, like all matters of procedure, has ultimate and necessary boundaries. It is within the discretion of the trial court to place bounds on the duration of discovery.” Smith v. Taulman, 20 N.E.3d 555, 563 (Ind.Ct.App.2014) (quoting Mut. Sec. Life Ins. Co. v. Fid. & Deposit Co., 659 N.E.2d 1096, 1103 (Ind.Ct.App.1995), trans.

  4. In re S.B.

    999 N.E.2d 419 (Ind. App. 2013)   Cited 1 times
    In S.B., there was no dispute that the mother, who did not appear during the termination proceedings, had failed to complete required services and had not secured stable housing or employment.

    However, a judge is presumed by law to be unbiased and unprejudiced. To overcome this presumption, the party seeking to disqualify a judge must establish actual personal bias. Hite v. Haase, 729 N.E.2d 170, 176 (Ind.Ct.App.2000).Although Mother did not appear at the evidentiary hearing on the termination petition, she was represented by counsel.

  5. T.P. v. Child Advocates, Inc. (In re Termination of the Parent-Child Relationship of I.P.)

    997 N.E.2d 393 (Ind. App. 2013)

    However, a judge is presumed by law to be unbiased and unprejudiced. To overcome this presumption, the party seeking to disqualify a judge must establish actual personal bias. Hite v. Haase, 729 N.E.2d 170, 176 (Ind.Ct.App.2000). Father was represented by counsel throughout the two-day hearing.

  6. Clements v. Albers

    970 N.E.2d 267 (Ind. App. 2012)

    The first recusal motion also made allegations that the trial judge treated Clements, as a pro se litigant, differently from Albers, who was represented by counsel, as reflected in the manner in which it ruled on motions filed by Albers versus motions filed by Clements. Generally, however, adverse rulings are not enough to demonstrate judicial bias. Hite v. Haase, 729 N.E.2d 170, 176 (Ind.Ct.App.2000). The trial judge's rulings in this matter do not demonstrate the existence of bias on his part.

  7. Bloomington Magazine, Inc. v. Kiang

    961 N.E.2d 61 (Ind. App. 2012)   Cited 25 times
    Explaining that the proximity in time of the historical facts alleged in the affidavit to the matter concerning the motion for a change of judge is a relevant inquiry

    Upon review of a judge's failure to recuse, we will assume that a judge would have complied with the obligation to recuse had there been any reasonable question concerning impartiality, unless we discern circumstances which support a contrary conclusion. Hite v. Haase, 729 N.E.2d 170, 176 (Ind.Ct.App.2000) (quoting Moore v. Liggins, 685 N.E.2d 57, 63 (Ind.Ct.App.1997)); see also Leisure v. Leisure, 589 N.E.2d 1163, 1169 (Ind.Ct.App.1992), aff'd in part and rev'd in part, 605 N.E.2d 755 (Ind.1993). Ind. Trial Rule 79(C) governs the disqualification or recusal of a judge and provides:

  8. Greenwell v. Loomis

    No. 82A04-1003-CT-173 (Ind. App. Nov. 2, 2011)

    In addition, the ruling is sustainable on grounds that Greenwell has not demonstrated the requisite prejudice. See Hite v. Haase, 729 N.E.2d 170, 178 (Ind. Ct. App. 2000) ("'[e]rroneously excluded evidence requires reversal only if the error relates to a material matter or substantially affects the rights of the parties'") (quoting Indianapolis Podiatry, P.C. v. Efroymson, 720 N.E.2d 376, 383 (Ind. Ct. App. 1999), trans. denied)).

  9. In re D.H

    859 N.E.2d 737 (Ind. Ct. App. 2007)   Cited 11 times
    Holding that questions, inchoate concerns, and speculation cannot support a finding that the child was endangered.

    Despite the exclusion of the evidence based upon the Rape Shield Statute, we conclude that any error was harmless and did not affect Mother's substantial rights because the excluded testimony was cumulative of other admitted evidence.See, e.g., Hite v. Haase, 729 N.E.2d 170, 180 (Ind.Ct.App. 2000) (holding that any error in the exclusion of evidence was harmless because the excluded testimony was cumulative of other evidence). Although the State objected to some questions regarding S.L.'s prior miscarriage, her accusations against Lipscomb, and her sexual history, other evidence of these events was admitted during the factfinding hearing without objection. Evidence was admitted that S.L. was, at the time of the hearing, pregnant with her boyfriend's baby. S.L. testified that she had previously been pregnant.

  10. Illiana Surgery & Medical Center, LLC v. STG Funding, Inc.

    824 N.E.2d 388 (Ind. Ct. App. 2005)   Cited 23 times

    Consequently, Illiana has not demonstrated that its substantial rights were prejudiced by the trial court's exclusion of Boilek's testimony. See, e.g., Hite v. Haase, 729 N.E.2d 170, 180 (Ind.Ct.App. 2000) (holding that any error in the exclusion of evidence was harmless because the excluded testimony was cumulative of other evidence). III.