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.
Criminal
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.
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.
Taylor v. State, No. 25S-CR-349, __ N.E.3d __ (Ind., Dec. 17, 2025).
A defendant must have the opportunity to personally question a witness to probe their recollection, test their reliability, expose their bias, and draw out favorable facts through cross-examination. When a trial court denies a defendant this constitutional right, the error requires reversal unless the State proves it was harmless beyond a reasonable doubt. To determine whether the State met its burden, reviewing courts consider several factors: the significance of the improperly admitted evidence to the State’s case; whether that evidence was merely cumulative; whether it was corroborated or contradicted by other evidence; and the extent of cross-examination or questioning on the improperly admitted evidence.