“[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.”
Hickory Creek at Connersville v. Est. of Combs, No. 21A04-1211-ES-600, __ N.E.2d __ (Ind. Ct. App., June 27, 2013).
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.”
Motorist told to sit in squad car after being stopped on the highway was in “custody” when questioned by the officer in the car.
Nationstar Mortgage, LLC v. Curatolo, No. 45A03-1211-MF-469, __ N.E.2d __ (Ind. Ct. App., June 18, 2013).
Court cannot modify a mortgage agreement without the consent of both parties participating in a settlement conference.