ILNews

Elements of crimes did not occur in Indiana

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.

The case of An-Hung Yao and Yu-Ting Lin v. State of Indiana, No. 35A02-1006-CR-678, came before the appellate court on interlocutory appeal. Yu-Ting Lin, who operates a business in Houston that imports airsoft toy guns from Taiwan and sells them, and An-Hung Yao, a bank vice president who helped set up business systems for Lin, challenged the Huntington Circuit Court’s decision to not dismiss theft and corrupt business influence charges against the pair.

The charges stemmed from the sale of a certain airsoft gun that allegedly resembled Heckler & Koch Inc.’s MP5 submachine gun. H&K hired Indiana-based Continental Enterprises to investigate possible trademark infringement claims. Continental placed several orders for the guns that were shipped to Indiana, and a company investigator visited Lin’s company in Houston.

Also on appeal, the state challenged the decision to grant Yao and Lin’s motions to dismiss counterfeiting charges.

Yao and Lin argued that the Indiana trial court did not have territorial jurisdiction over them. There have only been a small number of Indiana cases that address territorial jurisdiction, wrote Chief Judge Margret Robb, and all either held that there is no serious evidentiary dispute that Indiana has territorial jurisdiction or there is a serious evidentiary dispute requiring a jury determination.

“However, given that Indiana Code section 35-34-1-4(a)(10) provides that the trial court may dismiss an information if there is a jurisdictional impediment to the prosecution, we believe the converse of the rule announced in Ortiz (v. State, 766 N.E.2d 370, 374 (Ind. 2002)) is also true: if there is no serious evidentiary dispute that Indiana does not have territorial jurisdiction, the trial court may dismiss the information as a matter of law and the issue need not be submitted to the jury,” she wrote.

The judges concluded that the elements of the crimes Yao and Lin were charged with did not occur in Indiana. Citing United States v. Smith, 173 Fed. 227 (D. Ind. 1909), the appellate court concluded that between the two options – Yao and Lin committed a separate crime in every jurisdiction where they sent airsoft guns or they committed a crime only in the place where they actually possessed the guns – the second choice was more reasonable and comported with due process.

The COA remanded Thursday for the trial court to dismiss the remaining charges.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT