The assisting a criminal statute, Indiana Code section 35-44.1-2-5, does not require proof of the assisted party’s interstate flight when the State charges a defendant with having assisted a fugitive from justice.
Appeals
In re Petition to Docket Trust of B. Alice McCoy, et al v. McCoy, No. 25A-TR-367, __ N.E.3d __ (Ind. Ct. App., May 8, 2026)
Under Indiana Evidence Rule 806, when a hearsay statement, such as the attorney’s deposition, has been admitted into evidence, the hearsay declarant’s credibility may be attacked as though they had testified in person.
Blackburn v. State, No. 25A-CR-2222, __ N.E.3d __ (Ind. Ct. App., May 6, 2026).
For a fetus to meet the definition of “an individual” under I.C. § 9-13-2-124, the fetus must be viable, meaning the ability to live outside the mother’s womb.
Billingsley v. State, No. 25A-CR-1654, __ N.E.3d __ (Ind. Ct. App., Apr. 30, 2026).
Criminal Rule 4.1(A)(4)’s mandate on trial courts to designate whether and why any delay is excluded from the time period imposes a corresponding duty on the parties to timely object, with a specifically stated ground, to the trial court’s designation of a delay under that Rule in order to preserve appellate review.
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.