Tumulty’s bar on direct appeals from guilty pleas applies to double-jeopardy challenges to convictions entered on a guilty plea, so the defendant generally must proceed via post-conviction relief rather than a direct appeal. But a defendant may obtain direct appellate review by moving to withdraw the guilty plea as to the lesser-included offense (and asking the trial court to vacate that conviction) and then appealing the denial of that motion.
Criminal
Ramos-Osario v. State, No. 26S-CR-198, __ N.E.3d __ (Ind., Jun. 24, 2026).
While judges can reconsider pretrial suppression rulings, the State is not required to prove constitutional compliance a second time at trial.
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.