“[A] stipulation may be presented to the jury in the form of a preliminary instruction.”
Appeals
R.R.F. v. L.L.F., No. 69A01-1001-DR-77, __ N.E.2d __ (Ind. Ct. App., Oct. 8, 2010)
When Mother would receive a $4,000 tax credit for her contributions to child’s college expenses, trial court erred under Support Guideline 8(b) in not giving Father a setoff against his share of the expenses to apportion the credit equitably.
Bandini v. Bandini, No. 49A04-1001-DR-26, __ N.E.2d __ (Ind. Ct. App., Oct. 8, 2010)
“[A] military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or CRSC [Combat Related Special Compensation], unilaterally and voluntarily reduce the benefits awarded the former spouse in a dissolution decree.”
Deere & Co. v. New Holland Rochester, Inc., No. 25A05-1006-CC-367, __ N.E.2d __ (Ind. Ct. App., Oct. 12, 2010)
Purchaser’s reliance on assurances of seller and bank that seller had satisfied liens on sale property was unreasonable and would not avoid the liens; purchaser had to contact lienholder directly.
State v. Lucas, No. 91A05-1003-CR-247, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)
Portable breath test mouthpiece is not a foreign substance which would invalid a subsequent Datamaster blood alcohol content test.