Normally, challenges to a board of zoning appeals’ decision need to be brought within 30 days of the decision. But Indiana recognizes the ultra vires doctrine, which, applied here, says some board of zoning appeals’ actions might be void, meaning they are vulnerable to a lawsuit at any time, even long after the normal window for review has closed.
Supreme
Ramos-Osario v. State, No. 26S-CR-198, __ N.E.3d __ (Ind., Jun. 24, 2026).
While judges can reconsider pretrial suppression rulings, the State is not required to prove constitutional compliance a second time at trial.
Adkins v. State, No. 26S-PC-171, __ N.E.3d __ (Ind., May 28, 2026).
Pursuant to the Uniform Declaratory Judgment Act, Indiana Code chapter 34-14-1, et seq., not all declaratory judgments are final, appealable orders under Indiana Appellate Rule 2(H)(5), but are reviewable as any other orders, judgments, or decrees.
Ortiz v. State, No. 25S-CR-303, __ N.E.3d __ (Ind., May 19, 2026).
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.
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.