Articles

Erroneous jury instruction leads to DWI conviction reversal

A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.

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Court erred in not considering subsequent property settlement agreements

The Indiana Court of Appeals reversed a ruling in favor of a woman on her claim that her ex-husband owed her more than $2.4 million based on a 1997 property settlement agreement. The judges found the trial court should have considered subsequent property settlement agreements the two entered into without the court’s approval.

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COA affirms child support, debt division orders

The Indiana Court of Appeals Monday rejected an adoptive father’s argument that he was ordered through a dissolution order to pay too much in child support, including a retroactive amount creating an arrearage. 

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Agreement means what it says, COA rules

While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.

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Lawyer who threatened rape fires back in discipline reply

A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.

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Wife wins appeal of division of marital estate

The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.

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COA interprets Uniform Premarital Act for first time

A premarital agreement entered into by a pregnant teenage girl and her future husband who was twice her age was unconscionable when the agreement was executed in 1995, the Indiana Court of Appeals held Thursday in an issue of first impression.

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COA: Postnuptial agreement is enforceable

It is not a requirement that one party in a marriage must initiate divorce proceedings in order for the parties to later enter into a valid and enforceable reconciliation agreement, the Indiana Court of Appeals held Wednesday.

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