The fact that legal hemp shares characteristics with illegal marijuana does not categorically disable law enforcement from relying on trained canine alerts that could indicate either substance.
L. Weissmann
Schultz v. S.P. Real Estate LLC, No. 25A-CT-165, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2025).
Comparative fault does not reduce liability for intentional torts. Liability for an intentional tort turns on the tortfeasor’s deliberate choice to commit the act.
Adkins v. State, No. 25A-PC-438, __ N.E.3d __ (Ind. Ct. App., Nov. 3, 2025).
Indiana Post-Conviction Rule 1(10) limits a court’s authority to resentence a defendant for the same offense after post-conviction relief. It neither curtails the State’s authority to file a new charge based on new evidence nor restricts the sentencing court from applying the proper statutory range to that conviction.
Heitz v. State, No. 24A-CR-802, __ N.E.3d __ (Ind., June 6, 2025).
When a trial court’s local practice conflicts with Criminal Rule 4(C), the local practice is invalid, and delays arising from noncompliance with such practices cannot be charged to defendants.
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.