Property subject to transfer on death is not to be considered part of the decedent’s “net personal and real estate” for purposes of the Spousal Inheritance Statute.
C. Bradford
In re K.G., No. 22A-MI-502, __ N.E.3d __ (Ind. Ct. App., Dec. 6, 2022).
Trial court did not have the statutory authority to grant request to amend child’s birth certificate to change child’s gender marker.
Stabosz v. Friedman, No. 22A-PL-541, __ N.E.3d __ (Ind. Ct. App., Nov. 22, 2022).
When a defendant moves to dismiss a case under Indiana’s anti-SLAPP statute, the motion is treated as a motion for summary judgment with the same burden of proof as a motion for summary judgment. The designated evidence must demonstrate as a matter of law that the statements were made in good faith and with a reasonable basis in law and fact.
Capalla v. Best, No. 22A-CT-657, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2022).
Trial court properly granted judgment on the pleadings; the litigant was judicially estopped from bringing the claims and lacked standing because of a pending bankruptcy,
Newcomb, Jr. v. State, No. 22A-PC-318, __ N.E.3d __ (Ind. Ct. App., Aug. 24, 2022).
A miscarriage of justice, including when a person is convicted of an offense they did not commit, can be corrected within the confines of post-conviction relief.