A sentence is illegal if it is outside the prescribed statutory range or is unconstitutional. An appeal challenging an illegal sentence cannot be waived.
Monroe Cty. Bd. of Zoning Appeals v. Bedford Recycling, Inc., No. 25S-MI-293, __ N.E.3d __ (Ind., Nov. 13, 2025).
The Board of Zoning Appeals does not have statutory, inherent, or common law authority to reconsider its final order.
Andrew Nemeth Properties, LLC v. Panzica, No. 24S-PL-356, __ N.E.3d __ (Ind., Nov. 6, 2025).
Becoming an LLC member requires either a written agreement or written confirmation. The constitutional right to a jury trial in civil cases covers unjust enrichment claims for a money judgment and the unclean hands doctrine applies to those claims.
Chastain v. State, No. 25A-XP-1105, __ N.E.3d __ (Ind. Ct. App., Oct. 28, 2025).
Petitioner could not supplement his expungement petition to expunge the records from a case that was ineligible for expungement at the time that the petition was filed.
Adkins v. State, No. 25A-PC-438, __ N.E.3d __ (Ind. Ct. App., Nov. 3, 2025).
Indiana Post-Conviction Rule 1(10) limits a court’s authority to resentence a defendant for the same offense after post-conviction relief. It neither curtails the State’s authority to file a new charge based on new evidence nor restricts the sentencing court from applying the proper statutory range to that conviction.