Comparative fault does not reduce liability for intentional torts. Liability for an intentional tort turns on the tortfeasor’s deliberate choice to commit the act.
Spradlin v. State, No. 24A-CR-1724, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2025).
To sustain a conviction for Level 6 felony failure to make, keep or furnish records pursuant to Ind. Code § 35-48-4-14(a)(3), the State must prove that the missing records were legally required under Article 35-48.
Bosworth v. State, No. 24A-CR-2688, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2025).
While Indiana statutory authority provides that a search warrant shall be executed within ten days of issuance, a delay in executing a warrant is not unreasonable unless, at the time it is executed, probable cause no longer exists and the defendant demonstrates legal prejudice because of the delay.
Brooks v. USA Track & Field, Inc., No. 25S-PL-103, __ N.E.3d __ (Ind., Dec. 17, 2025).
A party cannot amend their complaint after final judgment has been issued. T.R. 15(A) does not apply once a final judgment has been entered.
Taylor v. State, No. 25S-CR-349, __ N.E.3d __ (Ind., Dec. 17, 2025).
A defendant must have the opportunity to personally question a witness to probe their recollection, test their reliability, expose their bias, and draw out favorable facts through cross-examination. When a trial court denies a defendant this constitutional right, the error requires reversal unless the State proves it was harmless beyond a reasonable doubt. To determine whether the State met its burden, reviewing courts consider several factors: the significance of the improperly admitted evidence to the State’s case; whether that evidence was merely cumulative; whether it was corroborated or contradicted by other evidence; and the extent of cross-examination or questioning on the improperly admitted evidence.