Statutory prohibition against restraints on marriage applies only to a devise to a spouse by will and not to other dispositions, like a trust.
C. Goff
Bradbury v. State, No. 21S-PC-441, __ N.E.3d __ (Ind., Oct. 1, 2021).
Trial counsel was not ineffective for stipulating that defendant’s alleged accomplice, was convicted of murder because the stipulation did not relieve the State of the burden to prove defendant’s intent. Trial counsel pursued a reasonable all-or-nothing strategy when he chose not to seek a lesser-included instruction on reckless homicide.
Reece v. Tyson Fresh Meats, Inc. No. 21S-CT-435, __ N.E.3d __ (Ind., Sept. 21, 2021).
When visual obstructions are wholly confined to the land, a landowner owes no duty to the motoring public.
Renner v. Shepard-Bazant, No. 21S-CT-138, __ N.E.3d __ (Ind., Aug. 31, 2021).
In a bench trial, a party arguing for a mitigation-of-damages jury instruction “need only point to some evidence in the record that when viewed most favorably [to the party] would suffice for a reasonable juror to decide the issue in the party’s favor.”
Blackford v. Welborn Clinic, No. 21S-CT-85, __ N.E.3d __ (Ind., Aug. 31, 2021).
The Indiana Business Trust Act’s limitation period is a statute of repose and fraudulent concealment may not extend the time in which to file a claim.