For negligent parental supervision, the court should determine whether there is evidence that the parent knew or should have known that the child (1) had a habit of engaging in the particular act, or (2) had a habit of engaging in the course of conduct, which led to the plaintiff’s injury.
Spells v. State, No. 23S-CR-232, __ N.E.3d __ (Ind., Jan. 30, 2024).
The statutory cash bail agreement permits application of cash bail to the whole of a defendant’s public-defender costs. However, a court may retain cash bail to pay most other fines, costs, and fees only after considering the defendant’s ability to pay.
Bradley v. State, No. 22A-CR-2317, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2024).
When a trial court sua sponte orders a competency evaluation for a defendant, the early trial period is tolled, and the delay is chargeable to neither the State nor the defendant. Once the competency evaluation is complete and the 70-day early trial period resumes, the State must fulfill its affirmative duty to bring the defendant to trial.
Ping v. Inman, No. 23A-CT-251, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2024).
A trial court should hold an evidentiary hearing on the issue of juror misconduct if there is a possibility of juror bias.
In re N.E., No. 23A-JC-996, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2024).
A litigant’s failure to appear at a hearing should be addressed using the indirect contempt procedure which requires a rule to show cause and a hearing. The trial court erred by relying upon information obtained from the drug testing facility by its court reporter without her testimony under oath.