To determine whether offenses constitute a single episode of criminal conduct, courts must balance the following non-exclusive factors: (1) the time span over which the offenses occurred and the time between the offenses, with extra weight given when the offenses are simultaneous or contemporaneous; (2) whether the offenses occurred at separate locations, and if so, the distance between them; (3) whether the offenses each stand alone, that is to say, can be described without reference to one another; and (4) whether the offenses are united by a common scheme or purpose beyond the mere desire to commit multiple crimes. No one factor is determinative, although the first two are the most important. Ultimately, the time, place, and circumstances must demonstrate that the offenses are but parts of a larger or more comprehensive series such that they can be fairly described as a single episode of criminal conduct.
E. Tavitas
Tillett v. State, No. 24A-CR-1413, __ N.E.3d __ (Ind. Ct. App., Mar. 28, 2025).
A defendant, charged with a felony, must file a notice of intent to raise an insanity defense no later than 20 days before omnibus date. However, in the interest of justice and upon a showing of good cause, a trial court may permit the filing to be made at any time before commencement of the trial.
DeGrado v. DeGrado, No. 24A-DC-187, __ N.E.3d __ (Ind. Ct. App., Sept. 3, 2024).
Extracurricular expense payments are child support. Petition to modify child support put parent on notice that extracurricular expenses were at issue.
Schoeff v. State, No. 23A-CR-02163, __ N.E.3d __ (Ind. Ct. App., Aug. 26, 2024).
While the Richardson actual-evidence test no longer applies to claims of substantive double jeopardy violations, it does apply to claims of procedural double jeopardy.
In re Paternity of E.B.K., No. 23A-JP-2316, __N.E.3d __ (Ind. Ct. App., Aug. 14, 2024).
The thirty-seven-month time period between the temporary custody order and the permanent custody order was an extraordinary delay that prejudiced mother and violated her due process rights. Trial courts have a statutory duty under Ind. Code § 31-17-2-6 to expedite custody proceedings.