K.C.G. v. State

2 Citing cases

  1. K.C.G. v. State

    156 N.E.3d 1281 (Ind. 2020)   Cited 11 times
    Vacating juvenile delinquency adjudication and remanding with instructions for juvenile court to dismiss case because of a lack of subject matter jurisdiction

    K.C.G. appealed and argued two points: first, the plain terms of the dangerous-possession statute showed it could not be a delinquent act; second, the State did not present sufficient evidence of the offense. The court of appeals affirmed the juvenile court. K.C.G. v. State , 137 N.E.3d 1044, 1050 (Ind. Ct. App. 2019), trans. granted, 145 N.E.3d 116 (Ind. 2020). It held that the legislature intended the dangerous-possession statute to be the basis of a delinquency adjudication and that the evidence was sufficient to sustain his adjudication.

  2. J.R. v. State

    No. 20A-JV-860 (Ind. App. Sep. 30, 2020)

    J.R. now appeals and argues that his true finding for dangerous possession of a firearm should be vacated because he cannot be charged with or adjudicated a delinquent for an act that is only an offense if committed by a child. The question before us was recently addressed by this court in K.C.G. v. State, 137 N.E.3d 1044 (Ind.Ct.App. 2019), vacated. Our supreme court granted transfer in K.C.G. on April 16, 2020, three days after the Notice of Appeal was filed in the instant case.