Under Indiana’s Red Flag Law, when a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without first obtaining a warrant, the officer must submit an affidavit to a court describing why the officer believes the individual is dangerous. If the court finds probable cause exists to believe the individual is dangerous, the court shall order the law enforcement agency to retain the firearm. To sustain the dangerousness finding, the State must prove, at a hearing, by clear and convincing evidence material facts demonstrating the individual is dangerous.
Appeals
Doe v. K.M.W., No. 22A-CT-2922, __ N.E.3d __ (Ind. Ct. App., Feb. 12, 2024).
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.
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.