When a defendant signs a plea agreement that leaves sentencing discretion to the trial court and contains a waiver of the right to appeal the sentence, the court should:
1. Explain that the defendant would ordinarily have the right to appeal their sentence, but the plea agreement contains a waiver limiting that right.
2. Read the appeal-waiver provision to the defendant.
3. Explain that the provision waives the defendant’s right to appeal the sentence to be imposed, except for:
• any issue that falls outside the scope of the waiver;
• a sentence that violates the plea agreement; or
• a sentence that is illegal because it falls outside the prescribed statutory range or is unconstitutional.
4. Confirm the defendant understands the consequences of the appeal-waiver provision before accepting the guilty plea.
Adkins, Jr. v. State, No. 24A-CR-2140, __ N.E.3d __ (Ind. Ct. App., Feb. 06, 2026).
The fact that legal hemp shares characteristics with illegal marijuana does not categorically disable law enforcement from relying on trained canine alerts that could indicate either substance.
Stokes v. State, No. 25A-CR-1740, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2026).
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.
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.
Schultz v. S.P. Real Estate LLC, No. 25A-CT-165, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2025).
Comparative fault does not reduce liability for intentional torts. Liability for an intentional tort turns on the tortfeasor’s deliberate choice to commit the act.