While judges can reconsider pretrial suppression rulings, the State is not required to prove constitutional compliance a second time at trial.
Criminal
Masterson v. State, No. 25A-CR-2176, __ N.E.3d __ (Ind. Ct. App., June 16, 2026).
A probationer’s lack of fault does not bear on whether a violation occurred but only on the sanction imposed.
Burton v. State, No. 25A-CR-2659, __ N.E.3d __ (Ind. Ct. App., June 5, 2026).
The assisting a criminal statute, Indiana Code section 35-44.1-2-5, does not require proof of the assisted party’s interstate flight when the State charges a defendant with having assisted a fugitive from justice.
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.
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.