The trial court should have imposed as a condition of probation that the defendant convicted felon was unequivocally prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)(1). Neither the trial court nor the probation department has authority to grant such permission during the term of probation.
State v. Lawson, Inc., No. 60C02-1502-PL-54, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
Under the Uniform Fraudulent Transfer Act, husband’s equitable interest in property did not entitle him to the half of the proceeds from the sale of property; a defrauded creditor is entitled to the full value of the fraudulently transferred property at the time of the transfer.
Tunstall v. Manning, No. 19S-CT-18, __ N.E.3d __ (Ind., June 26, 2019).
An expert witness’s professional-licensure status and the reasons for professional discipline may be admissible to challenge the expert’s credibility.
IBM v. State, No. 49D01-1005-PL-21451, __ N.E.3d __ (Ind., June 26, 2019).
Under Ind. Code § 34-13-1-6, post-judgment interest runs from the judgment on remand.
In re Eq.W., No. 18S-JC-603, __ N.E.3d __ (Ind., June 27, 2019).
The claim preclusion branch of res judicata applies to CHINS proceedings; if the State wishes to refile after a CHINS petition is dismissed, it must show that the new CHINS petition contains allegations of material fact that could not have been included in the dismissed action.