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.
Supreme
Tillett v. State, No. 25S-CR-231, __ N.E.3d __ (Ind., Apr. 24, 2026).
Under Indiana Code Section 35-36-2-1, a defendant in a felony case must file a notice of intent to assert an insanity defense no later than 20 days before the omnibus date, or 10 days before the omnibus date for misdemeanor charges. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before commencement of the trial.
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.
Gary v. State, No. 25S-CR-265, __ N.E.3d __ (Ind., Apr. 9, 2026).
Under the statute prohibiting incarcerated individuals from possessing material capable of causing bodily injury (IC 35-44.1-3-7), even if an arrestee involuntarily brings prohibited material into a penal facility, the failure to relinquish it at the earliest reasonable opportunity is a voluntary act that may subject them to criminal liability.
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.