When a court fails to confirm or secure a waiver as required by the Juvenile Waiver Statute, Trial Rule 60(B) is the appropriate avenue for a juvenile to challenge their agreed delinquency adjudication. Because the judgment is voidable, rather than void, when the Juvenile Waiver Statute is violated, Rule 60(B)(8) is the proper vehicle for a juvenile to collaterally attack their adjudication.
L. Rush
Performance Service, Inc. v. Randolph Eastern School Corp., No. 23S-CP-59, __N.E.3d __ (Ind., June 28, 2023).
School corporation’s contract was void because the school corporation exceeded its authority by investing money in a project to earn a financial return.
Harris v. State, No. 23S-CR-165, __N.E.3d __ (Ind., June 29, 2023).
The jury in a habitual offender proceeding must be allowed to make the ultimate legal determination of whether the defendant has the status of habitual offender. Only evidence of the defendant’s alleged convictions is relevant to that determination. A defendant has no constitutional right to present irrelevant evidence.
Miller v. Patel, No. 22S-CT-371, __N.E.3d __ (Ind., June 29, 2023).
Convictions entered after a guilty plea have the same preclusive effect in subsequent litigation as those entered after jury or court verdicts.
Hayko v. State, No. 23S-CR-13, __N.E.3d __ (Ind., June 22, 2023).
To lay a proper foundation for the admission of opinion testimony under Evidence Rule 608(a), the proponent must establish that the witness’s opinion is both rationally based on their personal knowledge and would be helpful to the trier of fact.