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.
D. Molter
Moyers v. State, No. 26S-CR-86, __ N.E.3d __ (Ind., Mar. 20, 2026).
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.
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.