Mueller: A case study: Postnuptial agreements in estate planning
I think I’ll title this agreement something to the effect of “(Definitely-Not-A-Postnuptial) Agreement Waiving Statutory Rights in Spouse’s Estate.”
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IndyBar E-Discovery Day Successfully Celebrates Law and Technology
| From IndyBar and Adam Ira
In case you missed the Instagram Reels promo video, IndyBar’s E-Discovery, Information Governance, and Cybersecurity Section hosted its annual E-Discovery Day CLE on Nov. 16.
Trimble: Understanding the difference between ‘have to’ and ‘get to’
At a recent bar association meeting in Philadelphia, a very wise bar leader asked his audience, “How many of you understand the difference between ‘have to’ and ‘get to’?” None of us raised our hands.
IndyBar’s 50 Year Honorees
Each year the Indianapolis Bar Association’s Annual Recognition Breakfast is capped off by the celebration of those members of the association celebrating their 50th anniversary in the practice of law.
IN Supreme Court grants transfer in 3 cases, denies 16 transfer petitions
| IL Staff
The Indiana Supreme Court granted transfer to three cases last week, including a medical malpractice case where patients were ordered by a trial court to redact non-evidentiary allegations of drug and alcohol abuse and mental illness against a treating physician.
IN Supreme Court invites filing of supplemental, amicus curiae briefs in malpractice case
| IL Staff
The Indiana Supreme Court has invited additional briefing on a medical malpractice case that has already been heard at oral argument.
Supreme Court, Southern District announce new summer program for high school students
| IL Staff
The Supreme Court Historical Society and the U.S. District Court for the Southern District of Indiana are launching a new program, “The Supreme Court and My Hometown,” for Indianapolis-area high school students.
Opinions Dec. 5, 2023
Court of Appeals of Indiana
Joseph Marcel Odom v. State of Indiana (mem. dec.)
23A-CR-293
Criminal. Affirms Joseph Marcel Odom’s convictions for Level 2 felony conspiracy to commit dealing in methamphetamine, Level 6 felony obstruction of justice and Class B misdemeanor false informing and his sentence of 28 years. Finds Odom has failed to establish that his sentence is inappropriate in light of his demonstrably poor character. Also finds no abuse of discretion from the Tippecanoe Circuit Court in instructing the jury on conspiracy charge and that his obstruction conviction was supported by sufficient evidence.
Armstrong named next CEO of Child Advocates, succeeding Booth
| IL Staff
Phyllis Armstrong, currently vice president of program operations at Child Advocates, has been named the nonprofit’s next CEO.
Former Colts punter Hunter Smith launches Statehouse bid
Hunter Smith, an Indianapolis Colts punter turned farmer, is running for an open Statehouse seat as a Republican.
The Supreme Court is taking up a case that could rule out a tax on wealth favored by some Democrats
The Supreme Court is taking up a case Tuesday over a Washington couple’s $15,000 tax bill that is widely seen as a test of a never-enacted tax on wealth.
State files to dismiss media legal challenge to law enforcement “buffer zone”
The state’s highest legal office filed to dismiss a challenge Friday from a group of media entities to the state’s “buffer zone” law, which creates a 25-foot zone around law enforcement officers during certain activities.
AI’s future could be ‘open-source’ or closed. Tech giants are divided as they lobby regulators
Facebook parent Meta and IBM on Tuesday launched a new group called the AI Alliance that’s advocating for an “open science” approach to AI development that puts them at odds with rivals Google, Microsoft and ChatGPT-maker OpenAI.
Judicial funding request lowered, but federal branch concerned about courts’ ability to function
| IL Staff
The judicial branch is asking Congress for slightly less funding for fiscal year 2024, even as the branch has expressed concerns about the federal court system and its ability “to administer justice effectively and efficiently.”
Landlord showed ‘procedural bad faith’ in appeal, COA rules in remanding for award of attorney fees
A landlord’s appeal of a small claims judgment against him was “permeated with procedural bad faith,” the Court of Appeals of Indiana ruled Monday in affirming the lower court’s decision.
McGee honored with IUPUI Gerald L. Bepko Staff Council Spirit Award
| IL Staff
An Indiana University Robert H. McKinney School of Law administrator was recognized with one of IUPUI’s highest honors in a November ceremony.
Physician sanctioned by IN pharmacy board for unsanitary conditions, misbranded drugs
| IL Staff
Acting upon evidence from a complaint filed by the Indiana Office of the Attorney General, the Indiana Board of Pharmacy has voted to sanction a Marion County doctor for illegal practices.
Opinions Dec. 4, 2023
Court of Appeals of Indiana
Charles Andrew Wenner v. Gehrid Hensley, et al.
23A-SC-973
Small claims. Affirms the small claims judgment in Monroe Circuit Court issued against landlord Charles Andrew Wenner and in favor of tenants Hayen Johnson, Gehrid Hensley and Quinn Kaise. Remands for a determination of appellate attorney fees to be awarded to tenants. Finds Wenner’s procedural bad faith in his appeal rises to the level of egregiousness for which appellate attorney fees are warranted.
Pilots flying tourists over national parks face new rules. None are stricter than at Mount Rushmore
Fewer planes and helicopters will be flying tourists over Mount Rushmore and other national monuments and parks as new regulations take effect that are intended to protect the serenity of some of the most beloved natural areas in the United States.
With gambling legislation on pause, some push for reform
The leaders of the Statehouse’s dual Republican supermajorities have been clear: after recent gambling industry scandals involving former lawmakers, next year’s legislative session will include no expansion.