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Criminal charges from airsoft gun sale may continue in Indiana

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Charges of theft, counterfeiting and corrupt business influence against Houston-based defendants as a result of the sale of airsoft guns in Indiana can proceed in this state, the Supreme Court ruled Thursday.

In An-Hung Yao and Yu-Ting Lin v. State of Indiana, 35S02-1112-CR-704, the justices affirmed the trial court denial of An-Hung Yao and Yu-Ting Lin’s motions to dismiss the charging informations on jurisdictional grounds and the denial of their motions to dismiss the charging informations alleging three counts each of Class D felonies theft and corrupt business influence. The justices reversed the trial court’s grant of the defendant’s motion to dismiss the charging informations alleging one count each of Class C felony counterfeiting.

Lin operates Generation Guns from Houston, Texas. The company imports from Taiwan and sells in the U.S. “airsoft guns,” toy replicas that look like real guns but shoot lightweight plastic pellets. An-Hug Yao, vice-president of a Houston bank and friend of Lin’s, helped her set up systems for her business and attended trade shows with her. Heckler & Koch Inc. ordered airsoft guns from Lin’s company and had them shipped to Huntington County, Ind. The toys delivered were replicas of guns made by H&K.

On interlocutory appeal, the Court of Appeals concluded that all charges should be dismissed because the trial court lacked territorial jurisdiction.

Justice Robert Rucker wrote that the court couldn’t conclude as a matter of law the defendants engaged in no conduct nor effected any result in Indiana that was an element of either the theft or counterfeiting charge. If the state can’t prove beyond a reasonable doubt that Lin and Yao engaged in Indiana in any one or more of the forms of exerting control over the property of H&K, then the defendants would be entitled to acquittal or judgment on the evidence.

The justices rejected the defendants’ claim that their airsoft guns can’t constitute a written instrument under the counterfeiting statute because the guns don’t contain any “written matter.” The high court adopted the state’s view of the statute that defines “written instrument” more broadly, which could include an object or symbol of value, right, privilege or identification, even if the object or symbol doesn’t contain writings or markings.

Lin and Yao also argued that it’s not “theoretically possible” to “exert unauthorized control” over a third-party’s trademark right. They also want this case resolved under civil trademark infringement law, not criminal law.

But whether a theft prosecution is the “wrong tool for the job” when it comes to defining intellectual property interests, that is not the justices’ jobs, Rucker wrote. “Rather, our job is to apply the Indiana criminal statutes as drafted by the Legislature. And under those statutes, the questions in this case include whether the Defendants, did beyond a reasonable doubt: 1) knowingly or intentionally; 2) obtain, take, carry, sell, convey, encumber, or possess property, or secure, transfer, or extend a right to property; 3) which property belonged to H & K; 4) without H & K’s consent; 5) with intent to deprive H & K of any part of the property’s value or use? And these are all questions of fact that cannot be determined on a motion to dismiss.”



 

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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