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.
Criminal
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.
Tillett v. State, No. 25S-CR-231, __ N.E.3d __ (Ind., Apr. 24, 2026).
Under Indiana Code Section 35-36-2-1, a defendant in a felony case must file a notice of intent to assert an insanity defense no later than 20 days before the omnibus date, or 10 days before the omnibus date for misdemeanor charges. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before commencement of the trial.
Neace v. State, No. 25A-CR-1615, __ N.E.3d __ (Ind. Ct. App., Apr. 21, 2026).
Asking prospective jurors if they would automatically believe a child does not leave them with a false or misleading impression of the facts or warrant an explanation or rebuttal from the State.
Gary v. State, No. 25S-CR-265, __ N.E.3d __ (Ind., Apr. 9, 2026).
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.