Citing recent precedent, justices vacate dangerous possession adjudication

A juvenile adjudication of dangerous possession of a firearm has been vacated by the Indiana Supreme Court in light of its opinion last year that juvenile courts lack jurisdiction to adjudicate the offense. 

Justices in November 2020 ruled in K.C.G. v. State of Indiana, 20S-JV-263, that juvenile courts cannot enforce the dangerous possession of a firearm offense because there is no analogous adult crime.

On Thursday, the state’s high court applied the holding in K.C.G. in J.R. v. State of Indiana, 21S-JV-108.  The order vacated an Indiana Court of Appeals ruling predating K.C.G. that had affirmed a dangerous possession adjudication in a memorandum decision, J.R. v. State of Indiana, 20A-JV-860.

J.R. was remanded to Marion Superior Court “with instructions to vacate the delinquency adjudication for Class A misdemeanor dangerous possession of a firearm.”

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