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Court upholds finding man committed crime of domestic violence

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The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.

In Carl A. Staples v. State of Indiana, No. 48A05-1106-CR-298, police came to Carl Stapels’ home on the report of battery involving a weapon. Tamica Burnett was loading her belongings into a car when police arrived. Burnett, who lived with Stapels, told police that Stapels grabbed her by her throat causing pain and also pointed a firearm at her.

He later pleaded guilty to Class A misdemeanors battery and pointing a firearm. The trial court denied Staples’ request to release his firearms to a third person and found he committed a crime of domestic violence as defined by Indiana Code 35-41-1-6.3. Staples appealed, arguing that he was convicted of battery and not domestic battery, so he couldn’t have committed a crime of domestic violence.

The judge rejected this argument because by statute, a crime of domestic violence is defined as having particular elements committed against people who have a particular relationship with the defendant. Staples also claimed that there was no evidence to show that he and Burnett were members of the same household. The appellate court found circumstantial evidence supported that the two were in a dating relationship.

The judges also noted that the trial court wasn’t required to hold a separate hearing with notice prior to disqualifying Staples from future ownership or possession of firearms because the factual basis of a guilty plea provides the trial court with the evidence from which to make that determination.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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