Trial courts have broad statutory authority to order a security or other guarantee, when necessary, to secure the division of property in a dissolution of marriage; the trial court properly required husband to obtain and subsidize a life insurance policy on his retirement benefits.
L. Rush
WEOC, Inc. v. Niebauer, No. 23S-CT-184, __ N.E.3d __ (Ind., Feb. 12, 2024).
The Dram Shop Act modified common-law liability against entities that furnish alcohol, but did not eliminate it.
T.D. v. State, No. 23S-JV-110, __ N.E.3d __ (Ind., Oct. 6, 2023).
When a court fails to confirm or secure a waiver as required by the Juvenile Waiver Statute, Trial Rule 60(B) is the appropriate avenue for a juvenile to challenge their agreed delinquency adjudication. Because the judgment is voidable, rather than void, when the Juvenile Waiver Statute is violated, Rule 60(B)(8) is the proper vehicle for a juvenile to collaterally attack their adjudication.
Performance Service, Inc. v. Randolph Eastern School Corp., No. 23S-CP-59, __N.E.3d __ (Ind., June 28, 2023).
School corporation’s contract was void because the school corporation exceeded its authority by investing money in a project to earn a financial return.
Harris v. State, No. 23S-CR-165, __N.E.3d __ (Ind., June 29, 2023).
The jury in a habitual offender proceeding must be allowed to make the ultimate legal determination of whether the defendant has the status of habitual offender. Only evidence of the defendant’s alleged convictions is relevant to that determination. A defendant has no constitutional right to present irrelevant evidence.