The Powell test applies to multiple convictions for elevated offenses that share a common base offense. Stated another way, a base offense and its elevated forms constitute a single statutory offense.
D. Molter
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.
Ewing v. State, No. 26S-CR-43, __ N.E.3d __ (Ind., Feb. 12, 2026).
A prosecutor cannot seek a sanction for violating the rules of work release or probation that is different than the sanction sought in the revocation petition(s) that is (are) the subject of a final revocation hearing.
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.