weapons
Justices affirm conviction but remand for new sentencing order
June 14, 2013
Dave StaffordA man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve
the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive
to the others.
MoreLengthy gun sentence affirmed in 2011 hotel standoff
May 20, 2013
Dave StaffordA federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase,
assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August
2011.
MoreAppeals panel voids gun conviction, cuts child porn sentence
May 20, 2013
Dave StaffordAn Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most
serious conviction vacated and his sentence reduced to no more than four years.
More7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case
May 20, 2013
Dave StaffordAn Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s
apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be
resentenced.
MoreJudges restate: no guns in City-County Building
May 17, 2013
Dave StaffordA 2007 order banning guns and weapons from the Indianapolis City-County Building that houses most of Marion County’s
Circuit and Superior courts remains in force despite questions raised after the Indiana Legislature widely voided local gun
regulations.
MoreBroken gun still a firearm for felon-conviction purposes
April 4, 2013
Dave StaffordA gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals
ruled Thursday.
MoreJustices reaffirm ruling on sentence enhancements under habitual offender statute
March 21, 2013
Jennifer NelsonThe Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined
that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under
the general habitual offender statute, was an impermissible double enhancement.
MoreMishawaka man sues Walgreens over alleged violation of 'guns in workplace' laws
February 7, 2013
Jennifer NelsonA former Walgreens store employee plans to file a lawsuit Thursday in St. Joseph County alleging the company fired him for
lawfully carrying his gun into another Walgreens location where his wife worked.
MoreDropped charges in habitual offender sentence distinguish conflicting rulings
January 25, 2013
Dave StaffordA defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under
a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also
drew distinctions with a conflicting COA opinion.
MoreLawsuit challenges ‘guns in the workplace’ statutes
September 20, 2012
IL StaffA Carmel attorney has filed a lawsuit claiming a Morgan County security company has violated laws that prohibit most employers
from asking whether an employee owns, possesses, uses or transports firearms and from preventing employees from having a gun
locked up and out-of-sight in their vehicles.
MoreSupreme Court knocks down habitual-offender enhancement
July 31, 2012
Marilyn OdendahlThe Indiana Supreme Court found a habitual-offender enhancement tacked onto the 20-year sentence of a serious violent felon
was an “impermissible double enhancement.”
More7th Circuit reverses ACCA enhancement
July 24, 2012
Jennifer NelsonBased on a sparse record of evidence that the District Court could consider in determining whether a man can be sentenced
under the Armed Career Criminal Act, the 7th Circuit Court of Appeals found the government didn’t meet its burden to
prove two of the man’s previous convictions from events on the same day were separate predicate offenses under the Act.
More7th Circuit upholds 300-month sentence
June 13, 2012
Jennifer NelsonThe United States Sentencing Guidelines aren’t susceptible to vagueness challenges, so a defendant’s claim that
the career offender sentencing guideline is unconstitutionally vague failed, the 7th Circuit Court of Appeals ruled.
MoreCOA finds court made several errors in sentencing
June 6, 2012
Jenny MontgomeryA trial court erred in sentencing a man who was on probation for one offense when he committed another, the Indiana Court
of Appeals ruled.
MoreCourt upholds sentence following threat to school
May 23, 2012
Jennifer NelsonA father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened
to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony
intimidation, which the Indiana Court of Appeals affirmed.
MoreMan can't prove ineffective assistance from attorney
May 2, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed
his trial counsel was ineffective.
MoreDivided 7th Circuit affirms 'career offender' conviction
March 9, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career
offender.” But the decision was not unanimous.
MoreCourt upholds finding man committed crime of domestic violence
December 22, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made
it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding
that the defendant and the victim were in a dating relationship, a key element in the charge.
MoreDebate over local gun laws continues
November 9, 2011
Jenny MontgomeryOn Oct. 24, the Hammond City Council again declined to repeal ordinances introduced by Councilwoman Kim Poland that would
modify local gun laws in order to align with new state laws.
MoreFederal court addresses resentencing issue
October 25, 2011
Michael HoskinsA federal appellate court’s general remand for resentencing doesn’t necessarily mean a defendant will receive
a lesser penalty or be able to introduce new arguments, the 7th Circuit Court of Appeals ruled Tuesday.
MoreJudges interpret left turn traffic statute
October 24, 2011
Michael HoskinsTurning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana
Court of Appeals ruled Monday.
MoreCircuit Court affirms admission of drugs, sentence
July 22, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t
a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
MoreJustices rule on 'no-knock' warrant executions
May 10, 2011
Jennifer NelsonThe Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant
when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances
are known by police when the warrant is obtained.
MoreJustices uphold Baer's death penalty
January 26, 2011
Jennifer NelsonThe Indiana Supreme Court has unanimously affirmed the denial of a murderer’s petition for post-conviction relief, leaving
his death sentence in place.
MoreSCOTUS declines to consider Indiana case
January 10, 2011
Michael HoskinsThe nation’s highest court has refused to consider an Indiana case involving whether a defendant’s no contest
plea to an out-of-state murder can be used to qualify him as a serious violent felon on a conviction here.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!