Under the statute prohibiting incarcerated individuals from possessing material capable of causing bodily injury (IC 35-44.1-3-7), even if an arrestee involuntarily brings prohibited material into a penal facility, the failure to relinquish it at the earliest reasonable opportunity is a voluntary act that may subject them to criminal liability.
Criminal
Moyers v. State, No. 26S-CR-86, __ N.E.3d __ (Ind., Mar. 20, 2026).
The Powell test applies to multiple convictions for elevated offenses that share a common base offense. Stated another way, a base offense and its elevated forms constitute a single statutory offense.
Rodriguez v. State, No. 25A-CR-1789, __ N.E.3d __ (Ind. Ct. App., Mar. 18, 2026).
Pursuant to Indiana Evidence Rule 103, a defendant preserves a continuing objection to the admission of evidence for appellate review simply by making a timely objection to that evidence during trial, identifying the specific ground for the objection, and receiving the trial court’s definitive ruling on the objection on the record at trial.
State v. Watson, No. 25A-CR-1789, __ N.E.3d __ (Ind. Ct. App., Mar. 18, 2026).
Under Indiana law, prior accusations are demonstrably false where the victim has admitted the falsity of the charges or they have been disproved.
Gluys v. State, No. 25A-CR-1488, __ N.E.3d __ (Ind. Ct. App., Feb. 25, 2026).
“Harassment” for purposes of the crime of invasion of privacy is based on the definition found in Indiana Code section 34-6-2-51.5.