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.
Appeals
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.
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.
State Farm Mut. Ins. Co. v. Kern, No. 49A02-1201-CT-34, ___ N.E.2d ___ (Ind. Ct. App., Sept. 20, 2012).
“When an insurer compensates its insured due to a third party tortfeasor being underinsured, the third party tortfeasor’s liability is not reduced.”