Weapons

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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Lawmaker: Indiana 'blew it' by not ensuring man had no guns

June 21, 2016
 Associated Press
Indiana "blew it" by not enforcing a gun ban against a man who was armed when he was arrested in California while traveling to a gay pride event, a state Democratic lawmaker said Tuesday while advocating for stricter gun controls.
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US Supreme Court leaves state assault weapons bans in place

June 20, 2016
 Associated Press
The Supreme Court of the United States has rejected challenges to assault weapons bans in Connecticut and New York, in the aftermath of the shooting attack on a gay nightclub in Orlando, Florida, that left 50 people dead.
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7th Circuit: Third time’s charm in gun sentencing

June 17, 2016
Dave Stafford
It took three appeals, but a man’s sentence for illegal firearm possession finally satisfied the 7th Circuit Court of Appeals.
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Police: Man going to gay pride event had rigged magazines

June 15, 2016
 Associated Press
Police found a loaded assault rifle with magazines rigged to allow 60 shots to be fired in quick succession, along with 15 pounds of chemicals mixed and ready to explode in the car of an Indiana man who said he was headed to a gay pride event, authorities revealed Tuesday.
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Man charged in Madison bombings targeting police, judge

May 27, 2016
IL Staff
Federal authorities announced Friday a 37-year-old Madison man has been charged in connection with two pipe bombings that rattled the Ohio River city in March.
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Felon firearm possession charge affirmed on appeal

May 20, 2016
Dave Stafford
An Indianapolis man convicted of possession of a firearm by a serious violent felon failed to persuade the Indiana Court of Appeals that the search that led to discovery of the gun wasn't supported by reasonable suspicion.
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Split 7th Circuit affirms child abuse, firearms convictions

May 5, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld a man’s child abuse and firearms convictions in a split decision. The court was divided over the admittance of the man's refusal to take a polygraph test into evidence.
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COA affirms murder weapon should be destroyed

May 4, 2016
Scott Roberts
The Indiana Court of Appeals affirmed denial of man’s request to give the weapon he used for murder back to his mother.
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Top NY court upholds conviction for illegal knife

May 3, 2016
 Associated Press
New York’s highest court on Tuesday upheld a driver’s conviction for illegal possession for a gravity knife, rejecting arguments that he didn’t know the folding knife he used for work could open with a flick of the wrist.
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Southwestern Indiana county's tactic targets youth gun cases

May 2, 2016
 Associated Press
Juvenile court officials in one southwestern Indiana county are overhauling their probation services to address a rapidly growing number of gun-related crimes among youths.
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Man who was visiting friend not subject to illegal search

April 27, 2016
Scott Roberts
A man who was visiting a friend when police found him in possession of a handgun was not a victim of an illegal search, the Indiana Court of Appeals ruled Wednesday.
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COA: Anonymous tipster’s information enough for conviction

March 8, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
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COA: man not entitled to relief under firearms statute

March 3, 2016
Scott Roberts
The Indiana Court of Appeals overturned a man’s request for summary judgment after he was fired for bringing a gun to work and instead granted summary judgment to his ex-employer after it found the man was not entitled to relief under statute or common law.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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