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.
Appeals
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.
Med-1 Solutions, LLC v. Taylor, No. 24A-PL-450, __N.E.3d __ (Ind. Ct. App., Nov. 25, 2024).
Where an at-will employee signs a non-competition agreement as a condition of their hiring and is later told to sign a new non-competition agreement or they will be fired, the employee’s continued employment can serve as consideration for the latter agreement
Emslander v. Baine, No. 24A-DC-1138, __ N.E.3d __ (Ind. Ct. App., Nov. 18, 2024).
Technical noncompliance with the parent relocation statute is insufficient to support the grant of a relocation.
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.