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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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