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  • Commentaries
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Indiana Case Commentaries

Belated Insanity Notices Require Good Cause for Post-Evaluation Delay: Tillett v. State of Indiana (Ind. 2026)

Belated Insanity Notices Require Good Cause for Post-Evaluation Delay: Tillett v. State of Indiana (Ind. 2026)

Date: Apr 28, 2026
Belated Insanity Notices Require Good Cause for Post-Evaluation Delay Case: Tillett v. State of Indiana (Supreme Court of Indiana, Apr. 24, 2026) Holding in focus: A defendant who misses Indiana Code...
Indiana Criminal Conversion of Money Requires No “Special Chattel” Segregation Under the CVRA

Indiana Criminal Conversion of Money Requires No “Special Chattel” Segregation Under the CVRA

Date: Apr 16, 2026
Indiana Criminal Conversion of Money Requires No “Special Chattel” Segregation Under the CVRA Introduction Case: Harper v. S&H Leasing, LLC (Ind. Apr. 9, 2026). Parties: Keith D. Harper...
Failure-to-Relinquish Rule: Inmate “Voluntary Act” Satisfied by Retaining Contraband After the Earliest Reasonable Opportunity

Failure-to-Relinquish Rule: Inmate “Voluntary Act” Satisfied by Retaining Contraband After the Earliest Reasonable Opportunity

Date: Apr 16, 2026
Failure-to-Relinquish Rule: Inmate “Voluntary Act” Satisfied by Retaining Contraband After the Earliest Reasonable Opportunity 1. Introduction Gary v. State (Ind. Apr. 9, 2026) addresses a recurring...
ERISA Preemption Is an Affirmative Defense Subject to Waiver; Fiduciary Breach Supports a Constructive Trust Over Life-Insurance Proceeds

ERISA Preemption Is an Affirmative Defense Subject to Waiver; Fiduciary Breach Supports a Constructive Trust Over Life-Insurance Proceeds

Date: Apr 9, 2026
ERISA Preemption Is an Affirmative Defense Subject to Waiver; Fiduciary Breach Supports a Constructive Trust Over Life-Insurance Proceeds Introduction In Regina Geels v. Lindsay Flottemesch, et al....
Martinez v. Smith: Reece’s “Roadway” Duty Includes Traffic-Control Devices in the Public Right-of-Way

Martinez v. Smith: Reece’s “Roadway” Duty Includes Traffic-Control Devices in the Public Right-of-Way

Date: Apr 9, 2026
Martinez v. Smith: Reece’s “Roadway” Duty Includes Traffic-Control Devices in the Public Right-of-Way Court: Supreme Court of Indiana Date: April 8, 2026 Opinion: Goff, J. (Molter, J., concurring;...
Moyers v. State of Indiana: Elevated-Offense “Common Base Offense” Rule—Powell Governs Multiplicity and Limits Criminal Confinement to One Conviction per Continuous Confinement

Moyers v. State of Indiana: Elevated-Offense “Common Base Offense” Rule—Powell Governs Multiplicity and Limits Criminal Confinement to One Conviction per Continuous Confinement

Date: Mar 25, 2026
Moyers v. State of Indiana: Elevated-Offense “Common Base Offense” Rule—Powell Governs Multiplicity and Limits Criminal Confinement to One Conviction per Continuous Confinement Introduction In Moyers...
Permanent Ban from Judicial Service for Egregious Ex Parte Fact-Gathering; Retirement Does Not Moot Judicial Discipline

Permanent Ban from Judicial Service for Egregious Ex Parte Fact-Gathering; Retirement Does Not Moot Judicial Discipline

Date: Mar 22, 2026
Permanent Ban from Judicial Service for Egregious Ex Parte Fact-Gathering; Retirement Does Not Moot Judicial Discipline Introduction In In the Matter of James Steven Cox, the Indiana Supreme Court...
Agency Silence as Final Agency Action; Collateral Fee/Interest Claims Need No Separate Exhaustion Under Assigned Risk Plan Dispute Procedures

Agency Silence as Final Agency Action; Collateral Fee/Interest Claims Need No Separate Exhaustion Under Assigned Risk Plan Dispute Procedures

Date: Mar 19, 2026
Agency Silence as Final Agency Action; Collateral Fee/Interest Claims Need No Separate Exhaustion Under Assigned Risk Plan Dispute Procedures I. Introduction In Indiana Compensation Rating Bureau v....
Uncertified Appellate Opinions Confer No Authority: Trial-Court Revisions During a Pending Appeal Are Void

Uncertified Appellate Opinions Confer No Authority: Trial-Court Revisions During a Pending Appeal Are Void

Date: Mar 18, 2026
Uncertified Appellate Opinions Confer No Authority: Trial-Court Revisions During a Pending Appeal Are Void 1. Introduction Norris v. Norris (Indiana Supreme Court, March 12, 2026) arises from...
Rosen v. Community Healthcare System: Discretionary, Reasonableness-Based Limits on Surveillance-Video Preservation and Spoliation Remedies

Rosen v. Community Healthcare System: Discretionary, Reasonableness-Based Limits on Surveillance-Video Preservation and Spoliation Remedies

Date: Mar 13, 2026
Discretionary, Reasonableness-Based Limits on Surveillance-Video Preservation and Spoliation Remedies Case: Rosen v. Community Healthcare System d/b/a Community Hospital (Supreme Court of Indiana)...
Indiana: Courts May Decide COVID-19 Statutory Immunity Before MMA Panel; “Arising from COVID-19” Encompasses Ventilator-Immobilization Complications

Indiana: Courts May Decide COVID-19 Statutory Immunity Before MMA Panel; “Arising from COVID-19” Encompasses Ventilator-Immobilization Complications

Date: Mar 8, 2026
Indiana: Courts May Decide COVID-19 Statutory Immunity Before MMA Panel; “Arising from COVID-19” Encompasses Ventilator-Immobilization Complications Introduction Estate of Waggoner v. Anonymous...
ITCA Immunity Bars Abuse-of-Process Claims Predicated on Government-Initiated Condemnation Proceedings

ITCA Immunity Bars Abuse-of-Process Claims Predicated on Government-Initiated Condemnation Proceedings

Date: Feb 27, 2026
ITCA Immunity Bars Abuse-of-Process Claims Predicated on Government-Initiated Condemnation Proceedings Case: Indiana Land Trust #3082 v. Hammond Redevelopment Commission (Ind. Feb. 24, 2026) Court:...
Carr v. State of Indiana — Preliminary Article 1, Section 19 Instruction Alone Does Not Create Fundamental Error When Jury Is Told to Consider All Instructions Together

Carr v. State of Indiana — Preliminary Article 1, Section 19 Instruction Alone Does Not Create Fundamental Error When Jury Is Told to Consider All Instructions Together

Date: Feb 27, 2026
Preliminary Article 1, Section 19 Instruction Alone Does Not Create Fundamental Error When Jury Is Told to Consider All Instructions Together 1) Introduction In Michael Carr v. State of Indiana (Ind....
Indiana’s Heightened “Good Cause” Standard for Remote Prosecution Witness Testimony in Criminal Trials (Interim Rule 14(C))

Indiana’s Heightened “Good Cause” Standard for Remote Prosecution Witness Testimony in Criminal Trials (Interim Rule 14(C))

Date: Feb 25, 2026
Indiana’s Heightened “Good Cause” Standard for Remote Prosecution Witness Testimony in Criminal Trials (Interim Rule 14(C)) Introduction Shabazz v. State of Indiana (Ind. Feb. 23, 2026) squarely...
Ewing v. State — Due Process Requires Notice of the Sanction Sought in Revocation Proceedings

Ewing v. State — Due Process Requires Notice of the Sanction Sought in Revocation Proceedings

Date: Feb 16, 2026
Ewing v. State: Due Process Requires Notice of the Sanction Sought—Work-Release Revocation Petitions Do Not Impliedly Authorize Probation Revocation 1. Introduction In Ewing v. State (Ind. Feb. 12,...
Finality Before Flexibility: Indiana Supreme Court Holds Trial Rule 15(A) Inapplicable After Final Judgment in Brooks v. USA Track & Field

Finality Before Flexibility: Indiana Supreme Court Holds Trial Rule 15(A) Inapplicable After Final Judgment in Brooks v. USA Track & Field

Date: Dec 19, 2025
Finality Before Flexibility: Indiana Supreme Court Holds Trial Rule 15(A) Inapplicable After Final Judgment in Brooks v. USA Track & Field I. Introduction The Indiana Supreme Court’s decision in...
When the Only Direct Evidence Is Untested Testimonial Hearsay: Indiana Tightens Harmless-Error Review for Confrontation Violations in Taylor v. State

When the Only Direct Evidence Is Untested Testimonial Hearsay: Indiana Tightens Harmless-Error Review for Confrontation Violations in Taylor v. State

Date: Dec 19, 2025
When the Only Direct Evidence Is Untested Testimonial Hearsay: Indiana Tightens Harmless-Error Review for Confrontation Violations in Taylor v. State 1. Introduction This commentary examines the...
Permanent Judicial Disqualification for Systemic Case Mismanagement: Commentary on In the Matter of Dale W. Arnett

Permanent Judicial Disqualification for Systemic Case Mismanagement: Commentary on In the Matter of Dale W. Arnett

Date: Nov 22, 2025
Permanent Judicial Disqualification for Systemic Case Mismanagement: Commentary on In the Matter of Dale W. Arnett (Ind. 2025) I. Introduction The Indiana Supreme Court's per curiam decision in In...
Extending State Public Defender Duties to All Penal Facilities: Commentary on Kortney Lee Elzey v. State of Indiana

Extending State Public Defender Duties to All Penal Facilities: Commentary on Kortney Lee Elzey v. State of Indiana

Date: Nov 21, 2025
Extending State Public Defender Duties to All Penal Facilities: Commentary on Kortney Lee Elzey v. State of Indiana I. Introduction The Indiana Supreme Court’s decision in Kortney Lee Elzey v. State...
Limiting the “Illegal Sentence” Exception to Appeal Waivers: Commentary on Anderson v. State

Limiting the “Illegal Sentence” Exception to Appeal Waivers: Commentary on Anderson v. State

Date: Nov 14, 2025
Limiting the “Illegal Sentence” Exception to Appeal Waivers in Indiana: Commentary on Kimberly R. Anderson v. State I. Introduction In Kimberly R. Anderson v. State of Indiana, Case No. 25S-CR-294...
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