For residential real estate transactions to which the Indiana’s Disclosure Statutes apply, the Indiana’s Disclosure Statutes abrogated the common law principles of caveat emptor.
S. David
Perkinson v. Perkinson, No. 36S05-1206-DR-371, __ N.E.2d __ (Ind., June 25, 2013).
“[A]n agreement to forego parenting time in exchange for relief from child support is declared void against public policy.”
VanPatten v. State, No. 02S03-1205-CR-251, __ N.E.2d __ (Ind. Ct. App., May 2, 2013).
The Evidence Rule 803(4) hearsay exception for statements made for the purpose of medical diagnosis or treatment was not shown to apply, because there was insufficient evidence the six year-old understood the need to provide the forensic nurse with truthful information about the suspected molestation.
Bethea v. State, No. 18S05-1206-PC-304, __ N.E.2d __ (Ind., Mar. 12, 2013).
Overrules cases holding that an element of a charge dismissed by plea agreement cannot be used as an aggravating sentencing factor, and holds that instead elements or conduct involved in dismissed charges may be used in sentencing unless the parties provide otherwise in their plea agreement.
Hawkins v. State, No. 20S03-1208-CR-499, __ N.E.2d __ (Ind. Ct. App., Feb. 19, 2013).
On the facts of this case, defendant’s failure to appear at his trial in absentia did not constitute a waiver of his right to counsel. And, “a trial court may conduct a sentencing hearing at which the defendant appears by video, but only after obtaining a written waiver of his right to be present and the consent of the prosecution.”