The right to counsel under Article 1, Section 13 attaches at the point of arrest by an Indiana official.
Criminal
Tillett v. State, No. 24A-CR-1413, __ N.E.3d __ (Ind. Ct. App., Mar. 28, 2025).
A defendant, charged with a felony, must file a notice of intent to raise an insanity defense no later than 20 days before omnibus date. However, in the interest of justice and upon a showing of good cause, a trial court may permit the filing to be made at any time before commencement of the trial.
Turner v. State, No. 24S-CR-147, __ N.E.3d __ (Ind., March 12, 2025).
Defendant is not deprived of the benefit of hindsight when it reveals their conduct was necessary in self-defense, even though that necessity wasn’t fully apparent in the moment
Konkle v. State, No. 24S-CR-207, __ N.E.3d __ (Ind., March 12, 2025).
The eggshell doctrine can be used in criminal cases, including murder. The eggshell skull doctrine is one of causation, and causation is a required element in proving a criminal conviction, it only makes sense that the doctrine be applied for such purposes.
JWB v. State, No. 24S-CR-288, __ N.E.3d __ (Ind., Feb. 24, 2025).
Even if the recent amendments to Ind. Code 31-30-1-4(d) and 31-37-1-2 (the juvenile jurisdiction statutes), are remedial, the General Assembly did not intend to apply them retroactively to pending cases.