Post-Guilty-Plea Double Jeopardy Claims: Direct Appeal Lies Only Through a Targeted Motion to Withdraw the Lesser-Included Plea 1. Introduction Case: Monroe v. State of Indiana (Indiana Supreme...
Indiana’s Income-Tax Add-Back Applies Only to Apportioned Income Taxes (and Apportioned Functional Equivalents), Not Unapportioned Wagering Excise Taxes 1. Introduction In PENN Entertainment, Inc. v....
Indiana Charging-Information Sufficiency for Firearm Possession: Out-of-State Felonies Need Not Be Pleaded with Statutory Comparators to Support § 35-47-2-1.5 Enhancements 1. Introduction State of...
Indiana’s Reference Statute: A General “Felony” Predicate in the Handgun-Carry Ban Includes Out-of-State Felonies Without “Substantial Similarity” Introduction State of Indiana v. Augustine Armando...
Cross-Appeal Scope After Belated Grant of a Deemed-Denied Motion to Correct Error 1. Introduction Stabosz v. Friedman (Ind. June 26, 2026) resolves a recurring procedural problem at the intersection...
ETJ Zoning Missteps Are Voidable, Not Void: Collateral Attacks Limited to Acts Beyond Enabling-Statute Authority Introduction Wike v. Grandview Solar Project, LLC (Ind. 2026) required the Indiana...
Suppression-Hearing Proof Satisfies the State’s Constitutional Burden; Trial and Appellate Courts May Consider Both Suppression and Trial Evidence Introduction Ramos-Osario v. State of Indiana (Ind....
Wilson v. State: Prima Facie Showing Triggers a Mandatory Hearing and Expert Testimony on SVP Removal Indiana Supreme Court (26S-CR-197) — June 23, 2026 (Goff, J.) Concurrence in part and in the...
Rule 8.4(g) “Professional Capacity” Defined: A Substantial-Connection Test for Biased or Prejudicial Lawyer Conduct Case: In the Matter of Robert James Hardy Jr. (Supreme Court of Indiana, June 23,...
Declaratory Judgments Are Not Per Se Final: Indiana’s Final-Judgment Rule Requires Appellate Rule 2(H) Finality I. Introduction In Adkins v. State (Ind. May 28, 2026), the Indiana Supreme Court...
Illicit Marijuana Use and Lack of Candor by a Judge Warrant a 60-Day Unpaid Suspension Under Indiana Judicial Discipline Case: In the Matter of the Honorable John M. Plummer III, Judge of the...
Appeal Waivers Narrow “Eligible Defendant” Status Under Post-Conviction Rule 2 to Claims of an “Illegal” Sentence I. Introduction Ortiz v. State of Indiana (Ind. May 19, 2026) addresses when a...
Belated Insanity Notices Require Good Cause for Post-Evaluation Delay Case: Tillett v. State of Indiana (Supreme Court of Indiana, Apr. 24, 2026) Holding in focus: A defendant who misses Indiana Code...
Indiana Criminal Conversion of Money Requires No “Special Chattel” Segregation Under the CVRA Introduction Case: Harper v. S&H Leasing, LLC (Ind. Apr. 9, 2026). Parties: Keith D. Harper...
Failure-to-Relinquish Rule: Inmate “Voluntary Act” Satisfied by Retaining Contraband After the Earliest Reasonable Opportunity 1. Introduction Gary v. State (Ind. Apr. 9, 2026) addresses a recurring...
ERISA Preemption Is an Affirmative Defense Subject to Waiver; Fiduciary Breach Supports a Constructive Trust Over Life-Insurance Proceeds Introduction In Regina Geels v. Lindsay Flottemesch, et al....
Martinez v. Smith: Reece’s “Roadway” Duty Includes Traffic-Control Devices in the Public Right-of-Way Court: Supreme Court of Indiana Date: April 8, 2026 Opinion: Goff, J. (Molter, J., concurring;...
Moyers v. State of Indiana: Elevated-Offense “Common Base Offense” Rule—Powell Governs Multiplicity and Limits Criminal Confinement to One Conviction per Continuous Confinement Introduction In Moyers...
Permanent Ban from Judicial Service for Egregious Ex Parte Fact-Gathering; Retirement Does Not Moot Judicial Discipline Introduction In In the Matter of James Steven Cox, the Indiana Supreme Court...
Agency Silence as Final Agency Action; Collateral Fee/Interest Claims Need No Separate Exhaustion Under Assigned Risk Plan Dispute Procedures I. Introduction In Indiana Compensation Rating Bureau v....