Default judgment was not void for lack of personal jurisdiction because the complaint was missing the affidavit of debt; trial court properly issued a notice to the parties allowing plaintiff to submit an affidavit of debt without amending the complaint.
M. Bailey
Zelman v. Capital One Bank (USA), N.A., No. 19A-CC-989, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2019).
Affidavit of Debt did not lay a proper foundation to authenticate the Customer Agreement or credit card statements as business records admissible under Evidence Rule 803(6)’s hearsay exception; bank failed to designate admissible evidence establishing that defendant had opened a credit card account with the bank and that defendant owed the bank the amount alleged in the compliant.
McGuire v. State, No. 18A-CR-2554, __ N.E.3d __ (Ind. Ct. App., Aug. 27, 2019).
Defendant’s online Facebook postings were not constitutionally protected since they were proscribable speech as a threat to peace, safety, and well-being.
Peele v. State, No. 19A-CR-313, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
The warrantless search of the sock that fell from defendant’s pants containing illegal drugs exceeded the proper scope of a Terry search in violation of his Fourth Amendment rights, and the evidence obtained in the search should not have been admitted at trial.
Tunis v. State, No. 19A-CR-220, __ N.E.3d __ (Ind. Ct. App., July 16, 2019).
Trial court was correct finding defendant in direct contempt and sentencing him to 180 days in jail after refusing to testify as a witness despite a grant of immunity.