Small claims court had personal jurisdiction over a defendant even though it was not listed as a separate party defendant on the notice of claim and defendant was not separately served with the notice, because it was provided with service reasonably calculated to inform defendant that a small claims action had been instituted against it.
E. Friedlander
Erwin v. HSBC Mortgage Svcs., Inc., No. 32A01-1202-CT-80, ___ N.E.2d ___ (Ind. Ct. App., Jan. 15, 2013).
Property mortgagor and property managers owed no duty to a girl who drowned in the pool of an abandoned house.
Sisson v. State, No. 09A02-1102-CR-199, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2012).
Presumption of prosecutorial vindictiveness was not shown when State refiled recidivist allegations for the retrial after the court had declared a mistrial because the jury could not reach a verdict.
Godby v. State, No. 33A01-1203-CR-128, — N.E.2d __ (Ind. Ct. App., Oct. 10, 2012).
Because costs are not part of a criminal sentence, asserted errors in the costs imposed may not be raised in a motion to correct erroneous sentence.
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.