When defendant is convicted after a trial to the court, the right to waive allocution is personal to the defendant and may not be waived by counsel.
Jenner v. Bloomington Cellular Services, Inc., No. 53A05-1606-MI-1415, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
Tax sale purchasers must provide notice to any person with a substantial, publicly recorded interest even if their interest lies outside the chain of title. “Requiring a tax-sale purchaser to search outside the chain of title—even if it means searching thousands of records in the county recorder’s office—is one of the safeguards created by the statute.”
Hurley v. State, No. 49S05-1705-CR-346, __ N.E.3d __ (Ind., May 31, 2017).
Unless an individual clearly manifests an unwillingness to submit to a breathalyzer, a law-enforcement officer must administer a second test if the first returns an “insufficient sample” message.
Campbell v. George, No. 41A01-1607-SC-1723, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
A magistrate cannot enter a final appealable order in a small claims case.
Elwood v. Parker, No. 46A05-1609-DR-2005, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
A parent is not relieved of a child support arrearage even if 20 years have passed since the divorce, children were alienated from the parent by the other parent, or a third party acted in loco parentis and supported the children.