So long as a trial court expressly considers all marital property and it offers sufficient justification to rebut the presumptive equal division, a trial court need not follow a rigid, technical formula in dividing a marital estate.
C. Goff
Bradbury v. State, No. 21S-PC-441, __ N.E.3d __ (Ind., Feb. 7, 2022).
Bradbury’s counsel did not render ineffective assistance by pursuing an all-or-nothing strategy.
DeWees v. State, No. 21S-CR-410, __ N.E.3d __ (Ind., Feb. 3, 2022).
The General Assembly’s recent codification of Criminal Rule 26 enhance, rather than restrict, the broad discretion entrusted to trial courts when executing bail.
K.G. v. Smith, No. 21S-CT-561, __ N.E.3d __ (Ind., Dec. 22, 2021).
When a caretaker assumes responsibility for a child, and when that caretaker owes a duty of care to the child’s parent or guardian, a claim against the caretaker for the negligent infliction of emotional distress may proceed when the parent or guardian later discovers, with irrefutable certainty, that the caretaker sexually abused that child and when that abuse severely impacted the parent or guardian’s emotional health.
Wilkes v. Celadon Group, Inc., No. 19S-CT-564, __ N.E.3d __ (Ind., Dec. 6, 2021).
Carriers have the primary duty for loading and securing cargo. If the shipper assumes a legal duty of safe loading, it becomes liable for injuries resulting from any latent defect.