January 21, 2026

This opinion was handed down Tuesday after The Indiana Lawyer’s daily deadline.

Indiana Court of Appeals
State of Indiana ex rel. Theodore E. Rokita, Attorney General of Indiana v. William J. Pfister, Estate of Richard A. Sopko, Travelers Insurance Companies, Western Surety Insurance Company, Westfield Companies, and Ohio Farmers Insurance Company
25A-PL-614

Civil. Appeal from the Lake Circuit Court, Judge Marissa McDermott. Reverses the trial court’s grant of summary judgment for former Munster school officials William Pfister and Richard Sopko (deceased) on the State’s complaint to recover public funds and remands for trial. Holds Indiana Code § 5-11-5-1(a) authorizes the Attorney General to seek recovery of public funds misappropriated, diverted, or unaccounted for as a result of malfeasance, misfeasance, or nonfeasance identified in a State Board of Accounts report. Further holds the officials’ employment contracts unambiguously limited annuity contributions to fixed percentages and did not permit compounding, contrary to the trial court’s conclusion. Rejects the view that the State Board of Accounts’ uniform compliance guidelines are merely advisory, concluding they impose mandatory standards on public entities and officers. Leaves intact summary judgment in favor of certain insurance and bond defendants based on unchallenged policy limitations. Appellant’s attorneys: Office of the Indiana Attorney General. Appellees’ attorneys: Jeff Carroll.

The following opinions were handed down Wednesday.

Indiana Court of Appeals
Timothy James Hulbert v. State of Indiana
25A-CR-1017

Criminal. Appeal from the Tippecanoe Circuit Court, Judge Sean M. Persin. On rehearing, vacates its prior instruction to revise sentencing documents and remands to allow the State to retry the habitual-offender allegation. Reaffirms that the State failed to prove beyond a reasonable doubt that Hulbert committed the felony of failure to possess identification after being sentenced for a prior child-molesting conviction, as required by the habitual-offender statute. Rejects the State’s argument that Hulbert’s lack of criminal history at sentencing established the required sequencing, explaining that a person may be a sex or violent offender based on a juvenile adjudication, which is not a conviction or part of criminal history. Holds, however, that under Dexter v. State, retrial of a habitual-offender allegation after reversal for insufficient evidence is permitted, while expressly questioning that precedent and urging the Indiana Supreme Court to reconsider it. Appellant’s attorney: Bruce W. Graham. Appellee’s attorneys: Attorney General Theodore E. Rokita, Deputy Attorney General Alexandria Sons.

Indiana Court of Appeals
Xavier Isiah Alexander v. State of Indiana
25A-CR-1616

Criminal. Appeal from the Marion Superior Court, Judge Amy M. Jones. Affirms Alexander’s Class B misdemeanor harassment conviction and 180-day jail sentence. Holds sufficient evidence showed Alexander used electronic communications with intent to harass, annoy, or alarm and without intent of legitimate communication, where he repeatedly contacted his former partner after being told to stop and sent a message wishing her death by homicide. Rejects Alexander’s claim that the communications were legitimate attempts at apology or closure. Further holds that Indiana Code § 35-45-2-2(a)(4)(A) is constitutional as applied, concluding the statute is content-neutral, narrowly tailored to serve the significant governmental interest of protecting residential privacy, and leaves open alternative channels of communication. Also determines the message wishing death constituted an unprotected “true threat.” Appellant’s attorneys: Steven J. Halbert, Talisha R. Griffin. Appellee’s attorneys: Attorney General Theodore E. Rokita, Deputy Attorney General J.T. Whitehead.