778 results for 'cat:"Firearms"'.
J. Hoffman finds that defendant's conviction for being a felon in possession of a firearm did not violate his Second Amendment rights. The law is related to the government's reasonable goal of keeping guns out of the hands of dangerous individuals. Meanwhile, the trial court properly denied defendant's motion to suppress because the affidavit used to secure a search warrant included specific information about the property provided by a reliable informant and was also based on surveillance of the property. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: May 6, 2024, Case #: 2024-Ohio-1827, Categories: Constitution, Drug Offender, firearms
J. Walker finds that the lower court properly granted the state's petition for pretrial detention of defendant on charges of unlawful possession of a weapon by a felon. Defendant was on parole for armed robbery when he was caught in possession of a loaded firearm in violation of the terms of his parole. Having disregarded the conditions of his release, the court reasonably found defendant could be a danger to the public. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 3, 2024, Case #: 240154, Categories: firearms, Robbery, Bail
J. Cole finds that the lower court improperly convicted and sentenced defendant for possession of a short-barreled shotgun. Defendant argues, and the court agrees, that the state failed to show “that she was in constructive possession of the short-barreled shotgun,” which was allegedly found inside a closed tool case in her husband’s vehicle. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: May 3, 2024, Case #: CR-2022-1131, Categories: Evidence, firearms
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J. Wall finds a lower court properly sentenced a defendant to life imprisonment without possibility of parole for 25 years following the shooting death of a 12-year-old boy who sold him a BB gun and not Glock pistol. The defendant argued that he was denied a fair trial when the State interviewed prospective jurors and asked them if they would do their "job" in court, unfairly suggested that he was not thinking about his daughter while committing a violent crime, and then erred in certifying him as an adult. However, the State presented sufficient evidence in court that the defendant submitted three versions of the incident, falsely claiming that he took the rap for the actual killer because he was "freaked out," and then attempted to reframe an evidentiary challenge as a prosecutorial error. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: May 3, 2024, Case #: 125430, Categories: Evidence, firearms, Murder
J. Corrigan finds that the trial court should have suppressed the methamphetamine and revolver police found in defendant's car as the products of an unlawful search. His presence in a high crime area at night, ducking out of sight, fiddling with his shoes and refusing to acknowledge police officers are factors that police are not required to ignore. But they were not acts of outright evasion and did not combine to support an articulable and reasonable suspicion that he was involved in illegal conduct. Reversed.
Court: California Supreme Court, Judge: Corrigan, Filed On: May 2, 2024, Case #: S267522, Categories: Drug Offender, firearms, Search
J. Stevens, finding no reversable error, upholds the trial court’s revocation of the defendant’s 10-year sentence to community supervision following his plea of guilty to deadly discharge of a firearm. He was sentenced to eight years in prison. Affirmed.
Court: Texas Supreme Court, Judge: Van Cleef, Filed On: May 2, 2024, Case #: 06-23-221-CR, Categories: firearms, Sentencing
J. Webb answers the federal district court's certified question regarding Arkansas code addressing employee firearm possession on an employer's property. The Union Pacific employee's truck caught fire, revealing he had a gun inside, against Union Pacific's rules. Though the gun was properly locked and out of plain view, in compliance with the law, the employee was suspended for the company violation. Arkansas changed its law regarding weapons concealment and asked Union Pacific for clarification of its position in light of the change. The Arkansas code is not dependent on liability immunity provisions. If the employer immunity provision is preempted by the Federal Employers’ Liability Act, the Arkansas Code is not likewise preempted.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: May 2, 2024, Case #: CV-23-653, Categories: Constitution, Employment, firearms
Per curiam, the circuit finds the district court improperly sentenced defendant on his guilty plea conviction for purchasing firearms by false statement. Defendant, an American citizen, purchased firearms for Mexican citizens, and was sentenced, in part, for furnishing firearms to "prohibited persons." The government failed to meet its burden of proving he bought the firearms with knowledge they would be transferred to a “prohibited person," as statutorily defined. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 2, 2024, Case #: 23-50069, Categories: firearms, Sentencing
J. Forrest finds that the district court improperly denied a motion to suppress a firearm found during a warrantless search of defendant’s truck in a case that presented the question of whether an officer’s failure to comply with governing administrative procedures is relevant in assessing the officer’s motivation for conducting an inventory search. The deputies who searched defendant’s truck acted solely for investigatory reasons and the warrantless search therefore violated the Fourth Amendment. Reversed.
Court: 9th Circuit, Judge: Forrest, Filed On: May 2, 2024, Case #: 20-50345, Categories: Constitution, firearms, Search
[Consolidated.] J. Ceresia finds that the lower court improperly convicted defendant of assault, use of a firearm, and weapon possession as an accomplice to a street shooting and robbery. Defendant may have been present in the chaotic altercation that preceded the shooting, but he had not been captured striking the victim on the head or taking a handgun on the surveillance video. Defendant drove a vehicle that pursued the victim after the shooting and stopped as directed so someone else could rob the victim, but evidence did not indicate defendant shared a "community of purpose" with the assailants. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 2, 2024, Case #: 113207, Categories: firearms, Assault, Accomplice Liability
J. Golemon finds the trial court properly revoked defendant's deferred adjudication community supervision. Convicted by guilty plea as a habitual offender for unlawful possession of a firearm by a felon, defendant was found to have violated the terms of his supervision and was sentenced to 45 years in prison. Counsel has found no arguable grounds for relief and defendant has filed no response. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 1, 2024, Case #: 09-23-00184-CR, Categories: firearms, Probation, Sentencing
J. Pryor finds that the lower court properly convicted defendant of being a felon in possession of a firearm and sentenced him to 96 months in prison. The arresting officers' testimony supported an enhancement for creating a substantial bodily risk to others, and the lower court reasonably considered defendant's mitigation arguments. Affirmed.
Court: 7th Circuit, Judge: Pryor, Filed On: April 30, 2024, Case #: 22-2764, Categories: firearms, Sentencing
J. Hull finds that the district court properly sentenced defendant to 96 months in prison following his guilty plea to possession of a firearm by a felon. The district court correctly calculated the base offense level in determining the advisory guidelines range for defendant's sentence. Defendant's two prior Georgia convictions for aggravated assault with a deadly weapon qualified as crimes of violence under the enumerated offenses clause of the statute. Defendant's argument that the Georgia offense is broader than the generic offense of aggravated assault is foreclosed by the earlier 11th Circuit panel ruling in United States v. Morales-Alonso. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: April 30, 2024, Case #: 23-10280, Categories: firearms, Sentencing
J. Heytens finds the lower court denied to dismiss the indictment under the Speedy Trial Act. The defendant has a long history of mental illness and substance abuse. After an episode that started with him knocking on a stranger’s door to ask for a drink of water and ended with him pulling a gun, he was convicted of possessing a firearm after being convicted of a felony. The defendant's trial was significantly delayed after he was declared incompetent, an allowed exception to the Act. Affirmed.
Court: 4th Circuit, Judge: Heytens , Filed On: April 30, 2024, Case #: 23-4089, Categories: Competence, firearms, Speedy Trial
J. Pillard upholds the trial court's refusal to suppress evidence retrieved from defendant's cell phone during his trial on unlawfully trafficking and transporting firearms. The search warrant for the phone, which was found near a different suspect, relied on its association with that suspect and its evidentiary value, rather than ownership of the phone. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: April 30, 2024, Case #: 22-3069 , Categories: Evidence, firearms, Search
J. Schostok finds that the lower court properly granted the state's petition to deny defendant pretrial release on charges of aggravated unlawful use of a weapon. The firearm, gun parts, and ammunition found at defendant's house sufficiently show that he posed a danger to the community and no condition of release could mitigate that risk. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: April 30, 2024, Case #: 240077, Categories: firearms, Bail
J. Jackson-Akiwumi finds that the lower court improperly enhanced defendant's sentence for possession of a firearm under the Armed Career Criminal Act. Defendant's prior Florida conviction for aggravated assault no longer qualifies as a violent felony after the Florida Supreme Court's decision in Somers v. U.S., which ruled that the Florida crime of aggravated assault covers reckless conduct. To qualifies as a violent felony, a prior crime must be intentional not reckless. Vacated.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 30, 2024, Case #: 21-1325, Categories: firearms, Sentencing
Per curiam, the circuit finds the district court properly convicted defendant for Hobbs Act robbery and knowingly discharging a firearm during a crime of violence. Security footage, as well as multiple witness accounts, support the conviction for defendant's armed robbery of the night club where he worked as a security guard. The trial court properly admitted evidence of a prior armed robbery and applied the career offender sentencing enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-20021, Categories: firearms, Robbery, Sentencing
J. Liu holds that the appeals court erred in limiting the resentencing authority of a trial court that had stricken a firearm enhancement. A trial court may impose a lesser included, uncharged enhancement that is supported by findings, even if the enhancement is from somewhere in the penal code other than the firearm enhancement statute. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: April 29, 2024, Case #: S275940, Categories: firearms, Murder, Sentencing
J. Doherty finds that the lower court properly denied defendant pretrial release on charges of unlawful possession of a weapon by a felon based on his threats to kill his girlfriend. While electronic monitoring could alert law enforcement if he violated a home confinement restriction, it would not provide the girlfriend any protection if defendant wanted to make good on his threat. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: April 29, 2024, Case #: 240248, Categories: firearms, Bail, Domestic Violence
J. Albrecht finds that the lower court properly denied defendant pretrial release on charges of aggravated battery and armed robbery. Defendant planned to commit the robbery, and text messages indicated his pride in having shot his victim. The court reasonably found that no conditions would mitigate the threat defendant posed to the community. Affirmed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: April 29, 2024, Case #: 240046, Categories: firearms, Robbery, Bail
J. Luckert finds a lower court properly dismissed a defendant's wrongful conviction claims against the state. The defendant, who was sentenced to time served for the shooting death of another person, argued that he is entitled to compensation for a conviction and prison term for involuntary manslaughter. However, the state presented sufficient evidence in court that he is not entitled to monetary relief for his own conduct and conviction. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: April 26, 2024, Case #: 126062, Categories: firearms, Sentencing, Manslaughter
J. Smith finds the district court properly denied the firearm advocates' request for a preliminary injunction. The advocates challenge provisions of the Bipartisan Safer Communities Act of 2022, saying the government has shown no historical analogue for expanded background checks for 18- to 20-year-olds. The 10-day waiting period for background checks is not abusive, nor does it impose a de facto prohibition on possession. Existing case law makes clear that background checks are constitutional. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-10837, Categories: Administrative Law, Constitution, firearms
J. St. Eve finds that the lower court properly sentenced defendant to 96 months in prison for stealing 25 firearms, of which police only recovered eight. The court's speculation that the missing firearms were "likely in the hands of other felons" does not amount to impermissible speculation requiring the court to vacate his sentence. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 24, 2024, Case #: 23-1564, Categories: firearms, Sentencing
J. Hamilton finds that the lower court properly revoked defendant's probation, finding that he possessed a firearm in violation of the terms of his supervised release. While the trial judge should not have allowed defendant's probation officer to narrate a police surveillance video showing defendant with the gun without permitting defendant to cross-examine the officer, the error was harmless. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: April 24, 2024, Case #: 22-3282, Categories: firearms, Probation, Witnesses
J. Coogler denies the defendant’s motion to dismiss in this lawsuit arising from a fatal shooting outside a club known as “The Strip” in downtown Tuscaloosa, Alabama; the suing estate alleges the defendant negligently and wantonly caused the decedent’s death by bringing the gun to an argument between the decedent and defendant’s friend, who shot the man dead. The defendant argues he cannot be held legally liable for causing a shooting committed by another person, but the court finds he did in fact have a duty of care, and the allegations leave enough room for reasonable difference of opinion for a jury to see the foreseeability of the injury.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: April 24, 2024, Case #: 7:23cv1424, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death, firearms