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.
Appeals
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.”
State v. Bisard, No. 49A04-1109-CR-459, __ N.E.2d __ (Ind. Ct. App., Sept. 12, 2012).
Under the Implied Consent statutes, “blood may be drawn at a licensed hospital or by certain people if not at a licensed hospital. To the extent that someone else draws blood, the evidence must show that the person is properly trained and performed the draw in a medically acceptable manner.”
Clarke v. State, No. 49A02-1202-PC-65, __ N.E.2d __ (Ind. Ct. App., Sept. 14, 2012).
Defendant’s circumstances, including the fact he had two children born in the United States after his guilty plea, did not suffice to support his claim that he would not have pled guilty had he received advice about deportation consequences from trial counsel.