A trial court may order a parent to make a child available for an interview requested by DCS to assess that child’s “condition” pursuant to Ind. Code § 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home.
West v. State, No. 11A01-1203-CR-123, __ N.E.2d __ (Ind. Ct. App., Oct. 1, 2012).
Trial court’s failure to rule within a year after hearing motion to suppress, when defense motion for continuance was made at court’s urging pending ruling on the motion, required defendant’s discharge under Criminal Rule 4(C)’s one year trial rule.
Cleveland v. Clarian Health Partners, Inc., No. 49A02-1110-CT-948, ___ N.E.2d ___ (Ind. Ct. App., Oct. 3, 2012).
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.