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.
G. Slaughter
Harper v. S&H Leasing, et al, No. 25S-PL-111, __ N.E.3d __ (Ind., Apr. 9, 2026).
The Crime Victim’s Relief Act allows trial courts to award treble damages to victims of certain criminal offenses in a civil claim against the wrongdoer. To prevail under the CVRA, a plaintiff must prove the defendant committed all elements of the criminal offense.
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.
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.