Indiana Case Commentaries

Uncertified Appellate Opinions Confer No Authority: Trial-Court Revisions During a Pending Appeal Are Void

Date: Mar 18, 2026

Uncertified Appellate Opinions Confer No Authority: Trial-Court Revisions During a Pending Appeal Are Void 1. Introduction Norris v. Norris (Indiana Supreme Court, March 12, 2026) arises from...

Rosen v. Community Healthcare System: Discretionary, Reasonableness-Based Limits on Surveillance-Video Preservation and Spoliation Remedies

Date: Mar 13, 2026

Discretionary, Reasonableness-Based Limits on Surveillance-Video Preservation and Spoliation Remedies Case: Rosen v. Community Healthcare System d/b/a Community Hospital (Supreme Court of Indiana)...

Indiana: Courts May Decide COVID-19 Statutory Immunity Before MMA Panel; “Arising from COVID-19” Encompasses Ventilator-Immobilization Complications

Date: Mar 8, 2026

Indiana: Courts May Decide COVID-19 Statutory Immunity Before MMA Panel; “Arising from COVID-19” Encompasses Ventilator-Immobilization Complications Introduction Estate of Waggoner v. Anonymous...

ITCA Immunity Bars Abuse-of-Process Claims Predicated on Government-Initiated Condemnation Proceedings

Date: Feb 27, 2026

ITCA Immunity Bars Abuse-of-Process Claims Predicated on Government-Initiated Condemnation Proceedings Case: Indiana Land Trust #3082 v. Hammond Redevelopment Commission (Ind. Feb. 24, 2026) Court:...

Carr v. State of Indiana — Preliminary Article 1, Section 19 Instruction Alone Does Not Create Fundamental Error When Jury Is Told to Consider All Instructions Together

Date: Feb 27, 2026

Preliminary Article 1, Section 19 Instruction Alone Does Not Create Fundamental Error When Jury Is Told to Consider All Instructions Together 1) Introduction In Michael Carr v. State of Indiana (Ind....

Indiana’s Heightened “Good Cause” Standard for Remote Prosecution Witness Testimony in Criminal Trials (Interim Rule 14(C))

Date: Feb 25, 2026

Indiana’s Heightened “Good Cause” Standard for Remote Prosecution Witness Testimony in Criminal Trials (Interim Rule 14(C)) Introduction Shabazz v. State of Indiana (Ind. Feb. 23, 2026) squarely...

Ewing v. State — Due Process Requires Notice of the Sanction Sought in Revocation Proceedings

Date: Feb 16, 2026

Ewing v. State: Due Process Requires Notice of the Sanction Sought—Work-Release Revocation Petitions Do Not Impliedly Authorize Probation Revocation 1. Introduction In Ewing v. State (Ind. Feb. 12,...

Finality Before Flexibility: Indiana Supreme Court Holds Trial Rule 15(A) Inapplicable After Final Judgment in Brooks v. USA Track & Field

Date: Dec 19, 2025

Finality Before Flexibility: Indiana Supreme Court Holds Trial Rule 15(A) Inapplicable After Final Judgment in Brooks v. USA Track & Field I. Introduction The Indiana Supreme Court’s decision in...

When the Only Direct Evidence Is Untested Testimonial Hearsay: Indiana Tightens Harmless-Error Review for Confrontation Violations in Taylor v. State

Date: Dec 19, 2025

When the Only Direct Evidence Is Untested Testimonial Hearsay: Indiana Tightens Harmless-Error Review for Confrontation Violations in Taylor v. State 1. Introduction This commentary examines the...

Permanent Judicial Disqualification for Systemic Case Mismanagement: Commentary on In the Matter of Dale W. Arnett

Date: Nov 22, 2025

Permanent Judicial Disqualification for Systemic Case Mismanagement: Commentary on In the Matter of Dale W. Arnett (Ind. 2025) I. Introduction The Indiana Supreme Court's per curiam decision in In...

Extending State Public Defender Duties to All Penal Facilities: Commentary on Kortney Lee Elzey v. State of Indiana

Date: Nov 21, 2025

Extending State Public Defender Duties to All Penal Facilities: Commentary on Kortney Lee Elzey v. State of Indiana I. Introduction The Indiana Supreme Court’s decision in Kortney Lee Elzey v. State...

Limiting the “Illegal Sentence” Exception to Appeal Waivers: Commentary on Anderson v. State

Date: Nov 14, 2025

Limiting the “Illegal Sentence” Exception to Appeal Waivers in Indiana: Commentary on Kimberly R. Anderson v. State I. Introduction In Kimberly R. Anderson v. State of Indiana, Case No. 25S-CR-294...

No Inherent Power to Reconsider: Indiana Supreme Court Bars Boards of Zoning Appeals from Revoking Final Decisions Absent Statutory Authority

Date: Nov 14, 2025

No Inherent Power to Reconsider: Indiana Supreme Court Bars Boards of Zoning Appeals from Revoking Final Decisions Absent Statutory Authority I. Introduction In Monroe County Board of Zoning Appeals...

Written Formalities for Indiana LLC Membership and Jury Trials for Unjust Enrichment: Commentary on Andrew Nemeth Properties, LLC v. Panzica

Date: Nov 7, 2025

Written Formalities for Indiana LLC Membership and Jury Trials for Unjust Enrichment: Commentary on Andrew Nemeth Properties, LLC v. Panzica I. Introduction The Indiana Supreme Court’s decision in...

Indiana Adopts Restatement § 26 Safe Harbor: Interpleader of Policy Limits and Continued Defense Satisfies Insurer’s Good-Faith Duty in Multi-Claimant Cases

Date: Oct 22, 2025

Indiana Adopts Restatement § 26 Safe Harbor: Interpleader of Policy Limits and Continued Defense Satisfies Insurer’s Good-Faith Duty in Multi-Claimant Cases Introduction In Baldwin v. The Standard...

Paternity-by-Estoppel Secures Standing for Grandparent Visitation: O’Connell v. Clay (Ind. 2025)

Date: Oct 17, 2025

Paternity-by-Estoppel Secures Standing for Grandparent Visitation: O’Connell v. Clay (Ind. 2025) Introduction In O’Connell v. Clay, the Indiana Supreme Court resolved a recurring problem at the...

Curtilage Requires Proof: Indiana Supreme Court Limits As‑Applied Attacks on the One‑Acre Homestead Cap

Date: Oct 10, 2025

Curtilage Requires Proof: Indiana Supreme Court Limits As‑Applied Attacks on the One‑Acre Homestead Cap Introduction In Tulsi Sawlani, M.D., et al. v. Lake County Assessor (Indiana Supreme Court,...

De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law

Date: Sep 16, 2025

De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law Introduction In Indianapolis Public Transportation...

"Hands-On" Is Not "Hands-In": Indiana Supreme Court Permanently Bars Judge for Problem-Solving Court Boundary Violations and Conflicts — In the Matter of Matthew John Elkin

Date: Sep 12, 2025

"Hands-On" Is Not "Hands-In": Permanent Ban for Boundary Violations, Favoritism, and Conflicts in Problem-Solving Courts Introduction In a per curiam decision, the Supreme Court of Indiana...

In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees

Date: Aug 1, 2025

In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees Introduction The decision in In the...