Requiring the State to amend a probation violation petition to allege that the arrest, new charges, or new case, is now a conviction, rather than merely proceeding on the petition that alleged a pending charge, amounts to merely a matter of form over substance rather than preserving due process.
P. Foley
First Financial Bank, N.A. v. Vanhoose, No. 25A-CC-898, __ N.E.3d __ (Ind. Ct. App., Nov. 18, 2025).
A garnishment order is a continuing lien. Employer is liable for the amount of garnished wages that were not remitted after employee was rehired.
Noons v. First Merchants Bank, No. 25A-CC-419, __ N.E.3d __ (Ind. Ct. App., Sept. 19, 2025).
Time to respond to a motion is tolled while a case is removed to federal court; the time period to respond resumes where it left off once the case is remanded to the state court again.
Maze v. State, No. 24A-CR-2596, __ N.E.3d __ (Ind., May 28, 2025).
When determining whether to appoint counsel, trial courts must consider three distinct items—assets, income, and necessary expenses in calculating a defendant’s ability to pay. If the parties fail to provide the information, courts themselves must make inquiries calculated to bring out the necessary evidence.
Kelly v. State, No. 24A-CT-859, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2024).
The State is not obligated to defend and indemnify a former state agency employee for civil liability stemming from employee’s criminal conduct.