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.
G. Slaughter
Indiana Compensation Rating Bureau and Indiana Department of Insurance v. Technology Insurance Company, No. 26S-PL-83, __ N.E.3d __ (Ind., Mar. 17, 2026).
Whether the Company is entitled to relief rests on two questions: first, whether the Company had to follow the dispute-resolution provisions set out in the Assigned Risk Plan and agreements, limiting the Company’s relief in the trial court to judicial review under the Administrative Orders and Procedures Act; second, assuming the Company is limited to seeking recourse under AOPA, whether the Company properly sought judicial review.
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.
Anderson v. State, No. 25S-CR-294, __ N.E.3d __ (Ind., Nov. 13, 2025).
A sentence is illegal if it is outside the prescribed statutory range or is unconstitutional. An appeal challenging an illegal sentence cannot be waived.
Baldwin v. Standard Fire Ins. Co., No. 25S-CT-33, __ N.E.3d __ (Ind., Oct. 21, 2025).
Slaughter, J. When insurance coverage is insufficient to satisfy multiple claimants, insurers face a dilemma. An insurer can seek individual settlements, but this approach risks exhausting policy limits before satisfying all claimants. Another option is to refrain from individual settlements in hopes of attaining a global settlement, but this approach may fail and expose the […]