Defendant’s federal and state constitutional rights to counsel were not violated when police had minor, for whom defendant was charged with assisting to get a tattoo, call the defendant and elicit statements police recorded about defendant’s prior criminal sexual conduct with the minor.
Inman v. State Farm Mutual Automobile Ins. Co., No. 41A01-1005-CT-225, ____ N.E.2d ____ (Ind. Ct. App., Dec. 30, 2010)
An insurer can be required to pay prejudgment interest in excess of uninsured and/or underinsured motorist limits in an action brought by an insured for failure to pay uninsured and/or underinsured motorist coverage.
In re the Paternity of R.M., No. 45A04-1001-JP-14, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2010)
The defense of laches can apply in paternity actions.
In the Matter of the Paternity of: P.R., No. 36A01-1005-JP-255, ____ N.E.2d ______ (Ind. Ct. App., Dec. 29, 2010)
Trial court properly took judicial notice of record in another proceeding, pursuant to Evidence Rule 201 as amended effective Jan. 2010, and permissibly did so post-hearing; the parties had the right to be heard on the notice but failed to demand it, thereby waiving the opportunity, although the better practice would have been for the trial court to have given the parties notice and an opportunity to be heard before taking the judicial notice and issuing its order.
Saffold v. State, No. 49A05-1003-CR-180, __ N.E.2d __ (Ind. Ct. App., Dec. 17, 2010)
Under both the 4th Amendment and the Indiana Constitution, officer safety permitted a second pat-down search of motorist stopped for traffic infraction after officer reasonably suspected motorist might be armed, had him exit the vehicle, and found ammunition on his person in the initial pat-down and more ammunition in the vehicle.