The Indiana State Public Defender must represent all indigent individuals who are confined in a penal facility in Indiana or committed to the Department of Correction due to a criminal conviction or delinquency adjudication. However, the Public Defender Statute, I.C. 33-40-1-2, and our post-conviction rules specifically Post-Conviction Rule 1(9)(a), still enable SPD to exercise its discretion in agreeing to representation.
L. Rush
Indianapolis Public Trans. Co. v. Bush, No. 25S-CT-245, __ N.E.3d __ (Ind., Sept. 15, 2025).
When a party raises a TR 50(A) argument in a Rule 59(J) motion to correct error, the trial court reviews the evidence as if it were considering a TR 50(A) motion raised before judgment at trial; de novo review is appropriate. When the evidence heard by the jury supports reasonable inferences that defendant was not contributorily negligent, the trial court properly did not disturb the jury verdict.
Perry County v. Huck, No. 24S-PL-297, __ N.E.3d __ (Ind., July 22, 2025).
Local elected officials may be designated as part-time employees, which permits the county to exclude them from group health insurance.
State v. B.H., No. 25S-JV-47, __ N.E.3d __ (Ind., Jun. 30, 2025)
Even when Ind. Code § 35-38-4-2 authorizes the State to seek an appeal, the State must still comply with the appellate rules. This includes complying with the thirty-day time limit to file a notice of appeal when, following the entry of a final judgment, a trial court rules on a timely motion to correct error.
Kelly v. Ind. Bureau of Motor Vehicles, No. 25S-CT-158, __ N.E.3d __ (Ind., June 23, 2025).
The Legislature has not created a private right of action for individuals to seek damages stemming from inaccurate BMV recordkeeping.