21

Jun2017
Nationally, and certainly within the state of Indiana, a great deal of public interest has been garnered with the passage of the castle doctrine and its companion doctrine, standing one’s ground, into law. However, every seasoned criminal defense attorney knows this defense is poorly understood across the board. Prosecutors, who serve the public, also understand this—although they often have very different views on the scope and meaning of these doctrines. Think you understand them? Think again. Here is the question: Are you willing to die—today--for your ... Read More

06

Apr2017
Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal and should result in a conviction. The reason evidence is suppressed, such as this hypothetical firearm on a felon, is to ... Read More

13

Apr2016
Every parent has heard or seen a story about a couple whose child is taken and secreted in another state by the other when troubles develop in the relationship. This has been a problem since the 1960s. In 1968, a uniform act was proposed that would ultimately be adopted in all states in some forms by the early 1980s. This blog post generally summarizes the potential use of the UCCJA. In simple terms, the UCCJA allows a parent who files for divorce ... Read More

23

Feb2016
In Indiana, all marital assets, except as otherwise excluded by law, are part of the marital estate a trial court can divide upon divorce. There is a presumption of an equal division (assets – liabilities). However, with certain professionals, this division is complex because of the complexity of what they do. This blog explores these concerns and some resolutions. Perhaps, and first, with professionals who own a business or are involved in a practice (medical, dental, law). The value of business in terms of what ... Read More

16

Jun2015
Supposing a custodial parent is permitted by a court to relocate with the child to another state, there are often matters that arise after relocation that must be decided by a court with regard to the child. This brings up a relatively frequent question of which court decides, the court in the child’s former state of residence, generally the “home state,” or the state where the child now resides. Generally, the court in the child’s former “home state” retains jurisdiction so long as the non-relocating parent resides there. However, a petition ... Read More

02

Jun2015
Where the is a dispute about a child, from its biological parent to impermissible removal of a child from his or her home to return, there are numerous statutory laws that apply to ensure the child’s best interests are met and/or the proper court hears the matter. This blog is written to summarize those for you to better understand questions you might want to ask your counsel. The Divorce Act. One of the most commonly applicable bodies of law is found under the Indiana Divorce Act statutes. This statute directs that ... Read More

21

May2015
A significant legal myth in the purchase of property is boundary lines. When a home is purchased, even a new home, the mortgage company typically requires a “survey.” There are three types of real estate surveys. With improved real property (which means a structure is built upon it), a purchase and mortgage usually requires a boundary survey. This is a legal term of art and generally means the property is the size described, such as a one-half an acre and the improvement (typically a home) is within the legal boundaries of ... Read More

03

Mar2015
In the 1960s, it was common for a parent and child(ren) to take a “vacation” to another state, file divorce, and have this new state decide custody matters. Ultimately, this gained enough attention that the laws changed, as this new state would not have the necessary evidence to decide custody fully in a child’s best interests, and as a policy matter, “rewarded” a parent who fled to avoid a court best positioned to decide divorce, custody, and property matters. For this reason, more or less uniform child custody jurisdiction laws1 were ... Read More

29

Jul2014
While housing markets have started to bounce back after the big crash of 2007/2008 there may be several areas that have still not totally recovered. If you purchased a home in the years before the housing bubble burst, there is a strong likelihood that you purchased at the top of the market, and the house is mortgaged currently for more that it would sell for. This is a common problem in many divorces cases in the past few years, as the marital home is ... Read More

19

Nov2013
What this Means for Spouses, Significant Others and Third Parties in the Household In most criminal felony cases, a standard term or condition of probation is the probationer not possess firearms. An area of great misunderstanding is where a probationer lives in a household with his or her spouse, significant other or third party and they have firearms.  Probation, in lieu of incarceration, is ... Read More