A defendant’s “eligibility” for a belated appeal rests not on whether his petition alleges a meritorious claim, but on whether the claim would overcome an appeal waiver if timely brought on direct appeal.
C. Goff
Tillett v. State, No. 25S-CR-231, __ N.E.3d __ (Ind., Apr. 24, 2026).
Under Indiana Code Section 35-36-2-1, a defendant in a felony case must file a notice of intent to assert an insanity defense no later than 20 days before the omnibus date, or 10 days before the omnibus date for misdemeanor charges. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before commencement of the trial.
Geels v. Flottemesch, et al, No. 25S-PL-225, __ N.E.3d __ (Ind., Apr. 8, 2026).
ERISA is a preemption defense that must be raised at the trial court level or it is waived. If a fiduciary relationship is breached those actions can amount to constructive fraud which in turn supports the imposition of a constructive trust.
Martinez v. Smith, et al, No. 26S-CT-112, __ N.E.3d __ (Ind., Apr. 8, 2026).
The common-law duty under the Reece case to refrain from creating hazardous conditions encompasses not just the paved portion of the roadway but also traffic-control devices within the public right-of-way.
Rosen v. Community Healthcare System d/b/a Community Hospital, No. 25S-CT-217, __ N.E.3d __ (Ind., Mar. 11, 2026).
Rosen argues we should vacate the judgment for the hospital for two reasons. First, she claims the hospital spoliated evidence, and she was unfairly prejudiced by the trial court unreasonably declining to remedy the spoliation. Second, she claims the trial court erred by sustaining the hospital’s objections to her introducing evidence that there was additional video footage that the hospital didn’t preserve. The hospital responds that each of these rulings reflects a reasonable judgment call within the trial court’s discretion. We agree with the hospital and analyze each issue in turn.