“[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.”
Appeals
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.
Long v. State, No. 41A04-0912-CR-743, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)
Evidence raised sufficient inference that purchaser under lease-to-purchase contract never intended to pay, so that proof purchaser took furnishings when he moved out sufficed, with intent inference, to prove crime of theft.
Konopasek v. State, No. 25A03-1003-CR-155, __N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)
“[D]efendant’s acknowledgement he is on probation, without more,” does not “’open the door’ to extensive and potentially-damaging character evidence about the nature of his prior offenses or the length of his prior sentences.”