Robert E. Redington v. State of Indiana - 6/18/13

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Tuesday  June 18, 2013 
2:00 PM  EST

2 p.m. 53A01-1210-CR-461. Robert Redington was approached by members of the Bloomington Police Department while viewing a bar with a range finder from the third floor of a parking garage.  Redington informed the police that he was in possession of a firearm, and the police located two loaded handguns in his pockets.  Redington also was in possession of a loaded shotgun which was located in the trunk of his vehicle.  Redington made statements to the police officers regarding the investigation of Lauren Spierer’s disappearance, and the police asked him if he would be willing to come to the police station for an interview, and Redington complied.  Based upon Redington’s interactions with police, as well as the parking enforcement officer who alerted the police to his presence, Redington was transported to the IU Health Center in Bloomington for a mental evaluation.  The police also searched Redington’s home and seized 48 firearms.  The State filed a petition for a hearing to retain Redington’s seized firearms pursuant to Ind. Code Section 37-47-14 et seq., and, following the hearing, the court ordered that Bloomington Police retain the firearms.  On appeal, Redington challenges the sufficiency of the evidence presented to retain his firearms, asserts that Ind. Code Section 37-47-14 et seq. is unconstitutional on grounds that it, as applied, violates Article 1, Section 32 as well as Article 1, Section 21 of the Indiana Constitution, and the Fifth Amendment of the United States Constitution, and that Ind. Code § 35-47-14-1(a)(2), as applied, is unconstitutional because it is void for vagueness.

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  1. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  2. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  3. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  4. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  5. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

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