Defendant did not commit misconduct under Trial Rule 60(B)(3) when it did not supplement prior deposition testimony of a nonparty.
CitiMortgage, Inc. v. Barabas, No. 48S04-1204-CC-00213, ___ N.E.2d ___ (Ind., Oct. 4, 2012).
MERS was an agent of the lender. Citimortgage, standing in MERS’s shoes, has standing to intervene in the mortgage foreclosure action.
Kirk v. State, No. 49A02-1110-CR-979, __ N.E.2d __ (Ind. Ct. App., Sept. 24, 2012).
Father did not have standing to object to admission of his stepson’s police statement on the basis that the officers had not followed the juvenile waiver of rights statute before questioning the stepson. Indiana Constitution’s Art. 1, § 11 search provision was violated when police officer read text messages on defendant’s cellphone at the time the officer seized the phone in a search incident to arrest.
R.W. v. State, No. 49A02-1112-JV-1187, __ N.E.2d __ (Ind. Ct. App., Sept. 25, 2012).
Mother’s failure to sign on the waiver line of the juvenile waiver of rights form, when the form was the only evidence in the record of a purported waiver, required exclusion of the juvenile’s subsequent statement to the police. The juvenile court found that the alleged criminal mischief delinquent act had been proven but merged the mischief into the burglary act by entering a “not true” finding on the mischief; opinion vacates burglary delinquency due to the waiver form problem and remands to have a “true finding” entered on the criminal mischief count.
Jennings v. State, No. 53S01-1209-CR-526 (Ind., Sept. 18, 2012).
The Supreme Court has granted transfer in the misdemeanor sentencing case Jennings v. State, thereby vacating the Court of Appeals opinions found at 956 N.E.2d 203 (Ind. Ct. App. 2011), on rehearing 962 N.E.2d 1260 (Ind. Ct. App. 2012).