Indiana has a common law cause of action to quiet title to personal property.
R. Shepard
Ind. Bureau of Motor Vehicles v. Simmons, No. 23A-PL-899, __ N.E.3d __ (Ind. Ct. App., Apr. 9, 2024).
The trial court erred by holding that the BMV violated ARPA by ceasing to issue identification credentials with non-binary gender designations. “Gender” in Title 9 means “sex”.
Morgan v. State, No. 23A-CR-1489, __ N.E.3d __ (Ind. Ct. App., Feb. 9, 2024).
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.
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.
Moore v. State, No. 22A-CR-1979, __ N.E.3d __ (Ind. Ct. App., May 26, 2023).
In distinguishing between the odor of marijuana and hemp for purposes of determining whether there was probable cause to search a vehicle, courts apply the “fair probability” test. Although it may equally possible that a strong odor emanating from a vehicle may be hemp just as marijuana, circumstances may create a fair probability—that is, “a substantial chance”—that the vehicle contains contraband.