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.
N. Vaidik
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.
Oberst v. State, No. 14A05-1003-PC-157, __ N.E.2d __ (Ind. Ct. App., Nov. 3, 2010)
Because the Sixth Amendment counsel right does not apply to a pre-charge police interview, defendant could not assert a claim that counsel gave him ineffective assistance during the interview.