Weapons

Judges affirm man’s handgun conviction

January 18, 2017
Jennifer Nelson
A Vanderburgh Circuit judge tendered a proper jury instruction on the charge of carrying a handgun without a license, the Indiana Court of Appeals held Wednesday in affirming a man’s conviction.
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Gun evidence admissibility divides Court of Appeals

December 29, 2016
Jennifer Nelson
In a “he said, she said” case before the Indiana Court of Appeals Thursday, the judges were divided on whether admission of a gun into evidence prejudiced a woman’s convictions of resisting law enforcement and battery against a public safety official and her boyfriend’s battery conviction.
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Indiana bill seeks to eliminate requirement for gun permits

December 27, 2016
 Associated Press
Gun rights advocates view the upcoming legislative session as their best bet to get rid of an Indiana law that requires a license to carry handguns.
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7th Circuit affirms health care fraud, firearms convictions

December 21, 2016
Olivia Covington
The 7th Circuit Court of Appeals affirmed a man’s firearms and fraud convictions Wednesday, rejecting each of the former counselor’s arguments against his attorney and the district court judge.
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Justices consider ‘reasonable suspicion’ standard in gun tip case

December 15, 2016
Olivia Covington
The Indiana Supreme Court heard arguments Thursday as to whether officers acting on a tip had reasonable suspicion to question and arrest a man in a movie theater lobby for having a gun without a license.
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Drug dealer’s convictions upheld after ‘exceptionally weak’ arguments

December 13, 2016
Olivia Covington
The 7th Circuit Court of Appeals denied Monday a convicted drug dealer’s appeal of his drug conspiracy and firearm convictions and related sentence, calling his numerous arguments for reversal “exceptionally weak.”
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Court rejects Illinois-Indiana gunrunner’s Facebook argument

December 13, 2016
 Associated Press
An appeals court in Chicago has reaffirmed that your Facebook posting can potentially be used against you in court.
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COA: Felon’s right to bear arms was not reinstated

December 9, 2016
Olivia Covington
A trial court judge’s statement that he was not going to prevent a convicted felon from possessing a firearm at his post-conviction hearing is not the equivalent of the reinstatement of the man’s right to bear arms, the Indiana Court of Appeals found Friday.
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COA reverses handgun conviction after state failed to meet burden of proof

December 7, 2016
Olivia Covington
The state failed to meet its burden of proof to show that an Indianapolis man was carrying a handgun without a license outside of his dwelling, workplace or property, the Court of Appeals found Wednesday, thus vacating the man’s misdemeanor conviction.
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COA reverses handgun conviction because officer didn’t follow protocol

December 5, 2016
Olivia Covington
A police officer did not follow the proper protocol for conducting an inventory search of a detainee’s car, thus making the search impermissible under state and federal constitutions and prohibiting the admittance of any evidence obtained through the search.
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Tippecanoe County sees increase in felonies with firearms

November 29, 2016
 Associated Press
Tippecanoe County has seen an increase of felonies involving firearms this year with at least 59 people charged in crimes such as battery with a firearm or armed robbery.
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7th Circuit dismisses appeal based on waiver

November 28, 2016
Olivia Covington
The 7th Circuit Court of Appeals has dismissed a convicted murderer’s appeal arguing that the waiver of his right to appeal should be ignored because his sentence was outside statutory requirements, calling the man’s argument “undesirable” and “nonsensical.”
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COA: Officers don’t have to relay specifics of their ‘reasonable suspicions’

November 18, 2016
Olivia Covington
Deciding that police officers do not have to relay the specific details of their reasons for being suspicious of a person before an officer stops and detains that person, the Indiana Court of Appeals has rejected a man’s argument that evidence of his possession of a handgun was improperly admitted.
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COA divided over search producing gun, affirms conviction

November 7, 2016
Olivia Covington
The admission of a gun obtained without a warrant from a man later convicted of carrying a handgun without a license did not violate the man’s constitutional protections against unreasonable search and seizure and, thus, does not warrant the reversal of his conviction.
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7th Circuit vacates brandishing sentence for lack of jury finding

November 1, 2016
Olivia Covington
A man convicted of attempted robbery in Indiana federal court will be resentenced after the 7th Circuit Court of Appeals found Tuesday that the jury failed to find that the defendant had actually aided and abetted the brandishing of firearms during the robbery.
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Oregon case jury delivers blow to government in lands fight

October 28, 2016
 Associated Press
A jury delivered an extraordinary blow to the government in a long-running battle over the use of public lands when it acquitted all seven defendants involved in the armed occupation of a national wildlife refuge in rural southeastern Oregon.
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Fort Wayne changes law banning firearms from public parks

October 20, 2016
 Associated Press
The Fort Wayne City Council has approved changes to a city ordinance that bans firearms from city parks.
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Justices weigh gun store's liability in policeman's shooting

September 7, 2016
Dave Stafford
A gun store’s possible liability for making a straw sale of a handgun that wounded an Indianapolis police officer is a matter of first impression for Indiana and a case watched closely for legal and policy implications nationwide.
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Gun store argues no liability for straw sale linked to officer’s shooting

August 31, 2016
Dave Stafford
Lawyers for a gun store sued for making an illegal straw sale of a firearm that was used to shoot an Indianapolis police officer argued Wednesday that Indiana gun sellers are shielded from civil lawsuits even when they break the law.
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Innocent pleas entered for 4 Notre Dame players, Redfield

August 30, 2016
 Associated Press
Not guilty pleas have been entered for two Notre Dame football players and a third kicked off the team following his arrest on misdemeanor charges of marijuana possession.
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Court divided over stop of man in movie theater

August 24, 2016
Jennifer Nelson
By a 2-1 vote, the Indiana Court of Appeals reversed the denial of an Indianapolis man’s motion to suppress a handgun found on him after officers questioned him in a lobby of a movie theater. The majority ruled the officers had no reasonable suspicion to justify the investigatory stop.
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COA affirms officer’s stop of teen involved in mall ruckus

August 24, 2016
Jennifer Nelson
A police officer had reasonable suspicion to stop and search a teen at an Indianapolis mall on Black Friday last year whom was believed to be involved in a shouting match with another group of people in a department store, the Indiana Court of Appeals affirmed.
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Warrantless inventory search of vehicle not unreasonable, COA holds

August 17, 2016
Jennifer Nelson
Despite a police officer’s failure to strictly follow relevant procedures for completing a written inventory of items found in an impounded car, the Indiana Court of Appeals affirmed that the warrantless search of the car was not unreasonable.
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Prosecutor accidentally fires weapon inside restaurant

August 8, 2016
 Associated Press
A central Indiana prosecutor says he plans to buy a holster after accidentally firing a handgun in his pocket, sending a round into the floor of a restaurant.
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High court limits use of repeat offender law

June 23, 2016
 Associated Press
The U.S. Supreme Court is making it tougher for federal prosecutors to seek longer prison terms for people convicted of repeated violent crimes.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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