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.
Supreme
Anderson v. State, No. 25S-CR-294, __ N.E.3d __ (Ind., Nov. 13, 2025).
A sentence is illegal if it is outside the prescribed statutory range or is unconstitutional. An appeal challenging an illegal sentence cannot be waived.
Monroe Cty. Bd. of Zoning Appeals v. Bedford Recycling, Inc., No. 25S-MI-293, __ N.E.3d __ (Ind., Nov. 13, 2025).
The Board of Zoning Appeals does not have statutory, inherent, or common law authority to reconsider its final order.
Andrew Nemeth Properties, LLC v. Panzica, No. 24S-PL-356, __ N.E.3d __ (Ind., Nov. 6, 2025).
Becoming an LLC member requires either a written agreement or written confirmation. The constitutional right to a jury trial in civil cases covers unjust enrichment claims for a money judgment and the unclean hands doctrine applies to those claims.
Baldwin v. Standard Fire Ins. Co., No. 25S-CT-33, __ N.E.3d __ (Ind., Oct. 21, 2025).
Slaughter, J. When insurance coverage is insufficient to satisfy multiple claimants, insurers face a dilemma. An insurer can seek individual settlements, but this approach risks exhausting policy limits before satisfying all claimants. Another option is to refrain from individual settlements in hopes of attaining a global settlement, but this approach may fail and expose the […]