A court should evaluate a juvenile’s claim of ineffective counsel in a delinquency disposition-modification hearing by using a due process standard; it should consider counsel’s overall performance to determine if the child received a fundamentally fair hearing resulting in a disposition that served his best interests.
J.S. v. State, No. 19A-CR-733, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2019).
Where defendant filed a motion for indigent counsel but failed to appear at a hearing to consider that motion, trial court improperly denied his motion and required that he proceed pro se without giving sufficient warning about the perils of self-representation, and by not inquiring as to his indigency.
State v. Serrano, No. 19A-CR-305, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2019).
Under the new-crime exception to the rule excluding evidence obtained from an illegal warrantless search, if a defendant’s response is itself a new and distinct crime, then evidence of the new crime is admissible notwithstanding the prior illegal search.
Kenworth of Indianapolis, Inc. v. Seventy-Seven Ltd., No. 19S-PL-37, __ N.E.3d __ (Ind., Nov. 12, 2019).
“Under the equitable estoppel doctrine, a party’s conduct—even relating to the repair of goods—may toll a contractually agreed-upon limitations period when that conduct is of a sufficient affirmative character to prevent inquiry, elude investigation, or mislead the other party into inaction.”
Hernandez-Velazquez v. Hernandez, No. 18A-DR-3109, __ N.E.3d __ (Ind. Ct. App., Nov. 14, 2019).
Trial court properly set aside property conveyances under the Uniform Fraudulent Transfer Act to effectuate the division of marital assets during a divorce.