A claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury.
Supreme
Land v. IU Credit Union, No. 23S-CP-115, __ N.E.3d __ (Ind., Oct. 24, 2023).
The bank provided its customer with reasonable notice of its offer to amend its bank account terms, but the customer’s silence and inaction did not amount to acceptance of the amended terms.
Williams v. State, No. 23S-CR-283, __ N.E.3d __ (Ind., Oct. 19, 2023).
Absent a knowing and voluntary waiver, Ind. Code § 35-38-1-4(a) requires that a defendant must be personally present at the time sentence is pronounced.
Crowe v. Savvy IN, LLC, No. 23S-TP-00090, __ N.E.3d __ (Ind., Oct. 11, 2023).
Tax sale notices sent by certified mail to homeowners satisfied due process and Indiana law; the question is not whether the homeowners actually received the notice, but whether the notices were sent “as one desirous of actually informing” the homeowners.
T.D. v. State, No. 23S-JV-110, __ N.E.3d __ (Ind., Oct. 6, 2023).
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.