Sperm Donor Agreements may be valid if they meet criteria beyond the traditional elements of a contract; a physician must be involved in the insemination and the written instrument memorializing the arrangement must be sufficiently thorough and formalized. When parties enter into a facially valid donor agreement contract, the party seeking to avoid the contract has the burden of proof on matters of avoidance.
T. Crone
Owens v. State, No. 29A02-1002-CR-390, __ N.E.2d __ (Ind. Ct. App., Nov. 23, 2010)
Policeman’s testimony that defendant had not called him, after the officer left his card on defendant’s door with a note asking defendant to call, did not violate defendant’s Fifth Amendment right.
LaPorte Community School Corp. v. Rosales, No. 46A04-1001-CT-4, __ N.E.2d ___ (Ind. Ct. App., Oct. 27, 2010)
Negligence instruction on factual propositions plaintiff had to prove reversibly suggested defendant could be negligent without breaching duty of reasonable care, notwithstanding another instruction on the reasonable care element.
Branham v. Varble, No. 62A04-1004-SC-256, __ N.E.2d __ (Ind. Ct. App., Oct. 28, 2010)
Small claims proceeding supplemental order to pay $50 per month was based on a proper determination of ability to pay, but order for debtor to make five job applications per week was an abuse of discretion.
Branham v. Varble, No. 62A01-1004-SC-192, __ N.E.2d __ (Ind. Ct. App., Oct. 28, 2010)
Supreme court’s proceeding supplemental procedure for trial court to determine unrepresented debtor’s entitlement to UCCC or resident-householder exemption does not require the trial court to determine unrepresented debtor’s possible entitlement to other exemptions.