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.
Appeals
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.
Exploration Center I, LLC, et al. v. MDC of Marion County, No. 25A-PL-977, __ N.E.3d __ (Ind. Ct. App., Apr. 17, 2026).
Under I.C. § 6-1.1-12.1-5.9(e), the statute’s language that the appeal shall be heard and decided within thirty days was not meant as mandatory language but was included in the statute so that the matter would be acted upon promptly and expeditiously.
Olbera, et al. v. Sykes, No. 25A-JP-2005, __ N.E.3d __ (Ind. Ct. App., Mar. 30, 2026).
Marital presumption as legal parent rebutted by biological father of child as biological father did not relinquish his rights to legal parentage.