Defendant’s federal and state constitutional rights to counsel were not violated when police had minor, for whom defendant was charged with assisting to get a tattoo, call the defendant and elicit statements police recorded about defendant’s prior criminal sexual conduct with the minor.
N. Vaidik
In the Matter of the Paternity of: P.R., No. 36A01-1005-JP-255, ____ N.E.2d ______ (Ind. Ct. App., Dec. 29, 2010)
Trial court properly took judicial notice of record in another proceeding, pursuant to Evidence Rule 201 as amended effective Jan. 2010, and permissibly did so post-hearing; the parties had the right to be heard on the notice but failed to demand it, thereby waiving the opportunity, although the better practice would have been for the trial court to have given the parties notice and an opportunity to be heard before taking the judicial notice and issuing its order.
Town of New Chicago v. City of Lake Station, No. 45A03-1001-PL-22, __ N.E.2d __ (Ind. Ct. App., Dec. 13, 2010)
As laches is an equitable defense, it was not available in this contract action, but the defense of equitable estoppel did apply.
S.D. v. State, No. 49A02-1004-JV-442, __ N.E.2d __ (Ind. Ct. App., Nov. 29, 2010)
Juvenile waiver statute’s meaningful consultation requirement was not met when juvenile’s conversation with guardian was videotaped by police and juvenile and guardian knew it was being taped.
Cranston v. State, No. 29A02-1003-CR-374, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2010)
Datamaster evidence ticket is not “testimonial hearsay” under the Crawford Confrontation Clause holding.