The exception to the dangerous possession of a firearm statute, parental permission to possess, is an affirmative defense and not an element of the offense.
Criminal
In re K.W., No. 23A-JV-2040, __N.E.3d __ (Ind. Ct. App., Nov. 20, 2024).
A juvenile problem-solving court cannot order jail time or house arrest for the parent of a juvenile delinquent without providing written notice of the allegations or the assistance of counsel.
Payne v. State, No. 23A-CR-2325, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2024).
A trial court may evaluate a defendant’s conduct before, during, and after trial, in addition to prior competency evaluations in determining whether they are competent to stand trial.
State v. Brooks-Brown 24A-CR-627, __ N.E.3d __ (Ind. Ct. App., Oct. 16, 2024).
Evidence that a person was an alleged victim of human trafficking at the time of an alleged crime may be used to dispute the mens rea required to prove the charged crime.
FG v. State, No. 24A-CR-560, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2024).
Accessing obscene animated child pornography from one’s own home is protected conduct under the First Amendment.