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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. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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