weapons

Partially bifurcating trial prevented prejudice

November 13, 2013
Marilyn Odendahl
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
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Justices reject Spierer-obsessed man’s appeal of gun confiscation

November 12, 2013
Dave Stafford
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
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COA rejects claim overhaul of Criminal Code shows Class A felonies disproportionate

November 6, 2013
Jennifer Nelson
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
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7th Circuit declines to second guess co-defendant credibility in firearm sentence

September 3, 2013
Marilyn Odendahl
Contradictory testimony given in two plea agreements presented the U.S. District Court for the Southern District of Indiana, Evansville Division, with the “classic choice” of whom to believe.
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Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site

August 6, 2013
Dave Stafford
A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.
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7th Circuit affirms residential search based on ‘nonverbal cues’

July 31, 2013
Dave Stafford
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
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7th Circuit: Machine gun possession not violent crime

July 31, 2013
Dave Stafford
A man’s conviction on federal firearm charges was vacated Tuesday when the 7th Circuit Court of Appeals ruled that possession of machine guns was not violent crime, citing a case earlier this year that applied the same rationale to possession of sawed-off shotguns.
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Judges formalize reaffirmation of City-County Building firearms ban

July 19, 2013
Dave Stafford
Marion County judges on Friday formally reaffirmed a 2007 policy banning firearms from the City-County Building. Law-enforcement personnel and judicial officers are exempt from the prohibition.
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Justices affirm conviction but remand for new sentencing order

June 14, 2013
Dave Stafford
A 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.
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Lengthy gun sentence affirmed in 2011 hotel standoff

May 20, 2013
Dave Stafford
A 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.
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Appeals panel voids gun conviction, cuts child porn sentence

May 20, 2013
Dave Stafford
An 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.
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7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case

May 20, 2013
Dave Stafford
An 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.
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Judges restate: no guns in City-County Building

May 17, 2013
Dave Stafford
A 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.
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Broken gun still a firearm for felon-conviction purposes

April 4, 2013
Dave Stafford
A gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals ruled Thursday.
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Justices reaffirm ruling on sentence enhancements under habitual offender statute

March 21, 2013
Jennifer Nelson
The 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.
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Mishawaka man sues Walgreens over alleged violation of 'guns in workplace' laws

February 7, 2013
Jennifer Nelson
A 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.
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Dropped charges in habitual offender sentence distinguish conflicting rulings

January 25, 2013
Dave Stafford
A 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.
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Lawsuit challenges ‘guns in the workplace’ statutes

September 20, 2012
IL Staff
A 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.
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Supreme Court knocks down habitual-offender enhancement

July 31, 2012
Marilyn Odendahl
The Indiana Supreme Court found a habitual-offender enhancement tacked onto the 20-year sentence of a serious violent felon was an “impermissible double enhancement.”
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7th Circuit reverses ACCA enhancement

July 24, 2012
Jennifer Nelson
Based 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.
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7th Circuit upholds 300-month sentence

June 13, 2012
Jennifer Nelson
The 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.
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COA finds court made several errors in sentencing

June 6, 2012
Jenny Montgomery
A trial court erred in sentencing a man who was on probation for one offense when he committed another, the Indiana Court of Appeals ruled.
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Court upholds sentence following threat to school

May 23, 2012
Jennifer Nelson
A 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.
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Man can't prove ineffective assistance from attorney

May 2, 2012
Jennifer Nelson
The 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.
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Divided 7th Circuit affirms 'career offender' conviction

March 9, 2012
Jenny Montgomery
The 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.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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