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.
Criminal
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.
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.