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.
“[A]n agreement to forego parenting time in exchange for relief from child support is declared void against public policy.”
Hickory Creek at Connersville v. Est. of Combs, No. 21A04-1211-ES-600, __ N.E.2d __ (Ind. Ct. App., June 27, 2013).
“[A]ccording to the doctrine of necessaries, a creditor must first seek satisfaction from the income and property of the spouse who incurred the debt and only if those resources are insufficient may a creditor seek satisfaction from the non-contracting spouse.”
Plurality opinion concludes that, if an individual not in custody is voluntarily answering police questions and refuses or fails to answer an incriminating question, he must expressly invoke his privilege against self-incrimination when the question is asked in order to object at trial that the state’s characterizing his silence as evidence of guilt violates the privilege; opinion does not resolve whether at trial the state can use the silence as evidence of guilt if the defendant properly invokes the Fifth Amendment during the questioning.
“[A]ny fact that increases the mandatory minimum [sentence] is an ‘element’ that must be submitted to the jury.”