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.
Appeals
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.
State v. Woodworth, No. 22A-CR-2557, __ N.E.3d __ (Ind. Ct. App., Jan. 23, 2024).
When a trial court overturns a jury’s verdict, Trial Rule 59(J) requires special findings of fact upon each material issue or element of the claim or defense upon which a new trial is granted. When a court grants a new trial without making specific findings, the remedy on appeal is to reinstate the jury verdict.