Indiana has a strong affirmative defense penal provision that allows Hoosiers to protect their life, home/curtilage and stop forcible felonies.1 It is a crime to pull a gun on someone and, if it goes further, to shoot them. However, an affirmative defense means even if the State (the prosecutor) meets all of the elements of the crimes associated with pulling a gun and even killing a person, you may be acquitted. The affirmative defense says, in essence, the killing is excused because it is justified. This blog covers the four key points that are generally necessary for a person to ...
May 23, 2019CD
“We need to discuss a prenuptial!” Or so the conversation begins for some couples who want to marry. A prenuptial, or prenup for short, is a contract parties make between themselves before marrying to address what happens with assets and liabilities in the event of death or divorce. This right is provided in Indiana statutory divorce law and gives the parties substantial flexibility and certainty when the relationship ends on death or divorce. The right to contract in all aspects of life is a powerful right guaranteed in the United States and Indiana constitutions, as it should be, so the ...
August 13, 2018CD
A prenuptial agreement is nothing more than a contract that specifies how certain matters will be handled and decided if the parties’ marriage later fails (or a spouse dies). The most common scenario where prenups are used occurs when one spouse has significantly more assets. The prenup typically protects these assets brought into the marriage from being divided with the other spouse in the event of a divorce (or death). These agreements are allowed under by statute in Indiana and are generally enforceable unless they try to specify terms related to children that may be born between the parties. However, ...
April 5, 2018CD
In Indiana, there is a tiered court system, which means that cases will start out on the bottom rung, and the next higher court has more authority than the last. However, this also means that your case has to start at the right court, exhaust all resources there, before it is allowed to move on to the next if you receive an adverse result. Most cases begin in the circuit or superior court (the trial court), the county your are in and the type of case you have will determine which, but both are generally in the same county courthouse building. ...
May 20, 2014CD
A National Firearms Act trust is similar to a regular trust in that its ultimate use is to transfer the trust property upon the Settlor’s death or within a specified time period thereafter. The NFA trust is unique in that the trust assets are, among other things, NFA firearms. Part of the initial funding of the trust may be, upon approval by AFTE approval, NFA firearms. These firearms are machine guns lawfully registered before the May, 1986 ban under the Firearms Owners Protection Act. The other NFA property is generally comprised of short-barrel rifles, shotguns and suppressors, which may be integral ...
March 25, 2014CD
As counselors and advocates in the law, we often find clients fundamentally misunderstand the ability to take an individual case to the highest court in the State, the Indiana Supreme Court, or to the United States Supreme Court. For the most part, these Courts do not focus on correction of errors made by lower courts. However, all rules have exceptions, and because of the loss of life (death penalty) or freedom (incarceration), these courts do consider the factual and legal merits of these cases in the right circumstances. In Indiana, the Indiana Supreme Court does take direct transfer of some more serious ...
May 3, 2011CD