The period of time allowed for testing under Indiana Code section 9-30-6-2 is “within three (3) hours after the law enforcement officer had probable cause to believe the person committed an offense under IC 9-30-5. Although the statute references probable cause, the State must prove that the chemical test was performed within three hours of the defendant’s last illegal operation of the vehicle.
Williams v. State, No. 25A-CR-687, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2026).
Pretrial GPS monitoring does not fall within the statutory meaning of “confinement” for purposes of credit time.
Schultz v. S.P. Real Estate LLC, No. 25A-CT-165, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2025).
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.