“T.R. 17(F) permits the insertion of the name of a real party in interest ‘at any time.’ In cases where the statute of limitation has expired and the opposing party raises the expiration of the statute of limitations as an affirmative defense, T.R. 15(C) provides the framework for determining whether the complaint against the now-named party, as amended pursuant to T.R. 17(F), relates back.”
Appeals
In re S.A., __ N.E.3d __ (Ind. Ct. App., Feb. 12, 2015).
“If multiple hearings are unavoidable, then the trial court should, if at all possible, refrain from adjudicating the child a CHINS until evidence has been heard from both parents. And if an adjudication is unavoidable before evidence has been heard from the second parent, then the trial court must give meaningful consideration to the evidence provided by the second parent in determining whether the child remains a CHINS.”
Garcia v. State, No. 49A05-1402-CR-61, __ N.E.3d __ (Ind. Ct. App., Feb. 3, 2015).
Fourth Amendment rule on search incident to arrest permitted officer to open container found on defendant’s person, but opening the container was an unreasonable search under Indiana Constitution, Article 1, Section 11.
Madden v. State, No. 39A01-1404-CR-173, __ N.E.3d __ (Ind. Ct. App., Feb. 4, 2015).
Probation condition for supervision by community corrections “with determination of appropriate conditions to be made by” community corrections was not an improper delegation of authority to decide whether probationer should be subject to electronic monitoring.
Hunckler v. Air Sorce-1, Inc., No. 84A01-1405-CT-217, __ N.E.3d __ (Ind. Ct. App., Feb. 3, 2015).
“We will continue to rely on traditional tort and agency principles and, to the extent it was ever applied, abandon the volunteer doctrine.”