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.
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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.
Martinez v. Smith, et al, No. 26S-CT-112, __ N.E.3d __ (Ind., Apr. 8, 2026).
The common-law duty under the Reece case to refrain from creating hazardous conditions encompasses not just the paved portion of the roadway but also traffic-control devices within the public right-of-way.
Moyers v. State, No. 26S-CR-86, __ N.E.3d __ (Ind., Mar. 20, 2026).
The Powell test applies to multiple convictions for elevated offenses that share a common base offense. Stated another way, a base offense and its elevated forms constitute a single statutory offense.