Pursuant to the Uniform Declaratory Judgment Act, Indiana Code chapter 34-14-1, et seq., not all declaratory judgments are final, appealable orders under Indiana Appellate Rule 2(H)(5), but are reviewable as any other orders, judgments, or decrees.
Ortiz v. State, No. 25S-CR-303, __ N.E.3d __ (Ind., May 19, 2026).
A defendant’s “eligibility” for a belated appeal rests not on whether his petition alleges a meritorious claim, but on whether the claim would overcome an appeal waiver if timely brought on direct appeal.
In re Petition to Docket Trust of B. Alice McCoy, et al v. McCoy, No. 25A-TR-367, __ N.E.3d __ (Ind. Ct. App., May 8, 2026)
Under Indiana Evidence Rule 806, when a hearsay statement, such as the attorney’s deposition, has been admitted into evidence, the hearsay declarant’s credibility may be attacked as though they had testified in person.
Blackburn v. State, No. 25A-CR-2222, __ N.E.3d __ (Ind. Ct. App., May 6, 2026).
For a fetus to meet the definition of “an individual” under I.C. § 9-13-2-124, the fetus must be viable, meaning the ability to live outside the mother’s womb.
Billingsley v. State, No. 25A-CR-1654, __ N.E.3d __ (Ind. Ct. App., Apr. 30, 2026).
Criminal Rule 4.1(A)(4)’s mandate on trial courts to designate whether and why any delay is excluded from the time period imposes a corresponding duty on the parties to timely object, with a specifically stated ground, to the trial court’s designation of a delay under that Rule in order to preserve appellate review.