778 results for 'cat:"Firearms"'.
J. Gaughan denies, in part, the gun part supplier's motion for summary judgment, ruling that while it is undisputed it shipped all required parts under the "gas key" agreement with the gun manufacturer, it was made aware of defects with several shipments and, therefore, there are questions of fact as to whether it fully performed and was entitled to payment under the contract.
Court: USDC Northern District of Ohio, Judge: Gaughan, Filed On: March 25, 2024, Case #: 1:22cv1471, NOS: Other Contract - Contract, Categories: Evidence, firearms, Contract
J. Hoffman finds the trial court properly denied defendant's motion to suppress the results of a search of his home during his weapons and drug possession trial. Although he was experiencing symptoms of a medical emergency, there was no coercion on the part of the police officer who asked to come inside, while defendant also took no medication once inside the property and consented to the search after being asked twice. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: March 22, 2024, Case #: 2024-Ohio-1094, Categories: firearms, Search
Per curiam, the Louisiana high court finds that the court of appeal should not have reversed defendant's conviction for aggravated assault with a firearm, aggravated criminal damage to property, and illegal discharge of a firearm for shooting at a pickup truck containing law enforcement officers as they fled after conducting a "trash pull" narcotics investigation at defendant's home. The ambiguous references made to the officers conducting the trash pull as part of a narcotics investigation do not constitute impermissible references to other crimes under jurisprudence. Although the state improperly impeached defendant with the facts surrounding a prior conviction for interfering with a police officer, the error was harmless based on the testimonial and physical evidence showing defendant fired his weapon at a fleeing vehicle in the street. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: March 22, 2024, Case #: 2023-K-00008, Categories: Evidence, firearms
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J. Smith finds the district court properly convicted defendant for charges related to an armed robbery of a drug house, during which three people were non-fatally shot. Defendant says the court improperly accepted his plea, with the sentencing report cross-referencing attempted murder. The court properly accepted the plea and sufficiently explained its sentencing calculation. However, the attempted-murder cross-reference without considering questions of self-defense is clear error. Affirmed in part.
Court: 5th Circuit, Judge: Smith , Filed On: March 21, 2024, Case #: 23-30149, Categories: Drug Offender, firearms, Sentencing
J. Hutchinson finds that the lower court properly found that defendant is not entitled to credit against his sentence for time spent confined at home while on bond, but improperly summarily dismissed his postconviction petition. Time spent on home supervision as a condition of pretrial release is not required to be credited against his sentence. Affirmed in part.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: March 20, 2024, Case #: 230099, Categories: firearms, Sentencing, Bail
J. Barros finds that the lower court improperly ruled a law relating to extreme risk protection orders prohibiting a person from purchasing or possessing a firearm under certain circumstances unconstitutional. The order was issued against a man after he brandished a loaded shotgun and pointed it at his neighbor in a verbal dispute. The law is consistent with the nation's historical tradition of regulating firearms to keep dangerous individuals from carrying guns. Reversed.
Court: New York Appellate Divisions, Judge: Barros, Filed On: March 20, 2024, Case #: 01545, Categories: Constitution, firearms
J. McBride finds that the lower court properly denied defendant's request for pretrial release on charges of being an armed habitual criminal and unlawful use of a weapon. Defendant had prior convictions for attempted murder and was on parole at the time of his arrest. With this evidence, the state met its burden of providing defendant poses a real threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 19, 2024, Case #: 232482, Categories: firearms, Parole, Bail
J. Miskel finds that the lower court improperly denied the appellant's petition "to remove his firearms disability and restore his right to purchase and possess firearms" after he was committed to a mental health facility 30 years ago for approximately one week. The lower court abused its discretion in denying his petition, since the appellant sufficiently "established every element required" under the Texas Mental Health Code. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 19, 2024, Case #: 05-22-00878-CV, Categories: Health Care, firearms
J. Bishop finds the trial court properly convicted defendant for firearm possession, theft and fleeing based on sufficient evidence. After the officer made contact with defendant for having been parked on the side of the road for more than 24 hours, defendant was found to be in possession of marijuana, leading to his noncooperation when the officer tried to detain him. Defendant ran, stealing two vehicles during his attempt to elude the officer. He was eventually subdued, and multiple firearms were later found in his vehicle pursuant to a search warrant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 19, 2024, Case #: A-23-065, Categories: Drug Offender, firearms, Escape
J. Stranch finds the undecided nature of the constitutionality of felon-in-possession charges based on previous convictions relative to the Second Amendment prevents this court from overturning defendant's conviction for possession of a firearm. Meanwhile, the trial court erroneously applied a four-level enhancement to defendant's sentence for reckless endangerment because there was no evidence to indicate any bystander was placed in a "zone of danger" when he fired his weapon outside. Affirmed in part.
Court: 6th Circuit, Judge: Stranch, Filed On: March 18, 2024, Case #: 22-5459, Categories: Constitution, firearms, Sentencing
J. Sanchez declined to dismiss an appeal as moot in consolidated appeals from district court orders subjecting two defendants to a condition of pretrial release that temporarily barred them from possessing firearms pending trial. The Bail Reform Act of 1984’s firearm condition on pretrial release is constitutional as applied to defendants.
Court: 9th Circuit, Judge: Sanchez , Filed On: March 18, 2024, Case #: 22-50316 , Categories: firearms
J. Sanchez declined to dismiss an appeal as moot in consolidated appeals from district court orders subjecting two defendants to a condition of pretrial release that temporarily barred them from possessing firearms pending trial. The Bail Reform Act of 1984’s firearm condition on pretrial release is constitutional as applied to defendants.
Court: 9th Circuit, Judge: Sanchez, Filed On: March 18, 2024, Case #: 22-50314, Categories: firearms
J. Wiley finds that the trial court should have suppressed the gun police found in defendant's possession during an unlawful detention. A reasonable person would not have felt free to leave after police pulled their car so close to defendant's that he could only maybe squeeze out the door, and then shined their flashlights into the car from both sides. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: March 15, 2024, Case #: B328954, Categories: Evidence, firearms, Search
J. Pipkin finds that the trial court properly denied defendant's motion for a new trial on his convictions for firearm offenses, theft by receiving stolen property, dog fighting and possession of marijuana with intent to distribute. Sufficient evidence was presented to support defendant's drug and theft convictions. The trial court correctly denied defendant's motion to suppress evidence discovered during a search of his home. A trash pull performed by law enforcement was not improper. The seizure of firearms, body armor and bullets during the search of defendant's home was authorized because those items were found while police were searching for drugs and items used in the sale of marijuana. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1412, Categories: Drug Offender, firearms, Search
J. Staton grants the attorney general's motion for summary judgment and denies gun advocates' motion for summary judgment in a dispute over the constitutionality of California's Assault Weapons Control Act, a "law that makes it unlawful to manufacture, possess, sell, transfer, or import assault weapons into the state without a permit." There is no genuine dispute of material fact regarding whether "assault rifles are dangerous and unusual as a matter of law." The Assault Weapons Control Act is constitutional because either "assault rifles are dangerous and unusual and, therefore, not protected by the Second Amendment" or "assault rifles may be banned in accordance with this nation’s regulatory tradition of placing severe restrictions on dangerous and unusual weaponry."
Court: USDC Central District of California, Judge: Staton, Filed On: March 15, 2024, Case #: 8:17cv746, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, firearms
J. Willett finds the district court properly convicted and sentenced defendant, by guilty plea, for being a felon in possession of a firearm based on sufficient evidence. Though the court failed to inform defendant of the punishment range, the presentence report specifically detailed it. The court properly applied career criminal sentencing enhancements for defendant's previous, violent felony convictions. Affirmed.
Court: 5th Circuit, Judge: Willett , Filed On: March 15, 2024, Case #: 23-50040, Categories: firearms, Sentencing
J. Petersen finds that the trial court properly conducted a pretrial justification hearing at which defendant made a prima facie showing that he fired seven shots in self defense after a snowplow repeatedly rammed his SUV. He showed both a subjective and an objective belief that the snowplow was turning to strike his vehicle again and endanger him and his passenger.
Court: Utah Supreme Court, Judge: Petersen, Filed On: March 14, 2024, Case #: 20220325, Categories: firearms, Self Defense
J. Gallagher finds defendant's convictions for unlawful possession of a firearm were not against the weight of the evidence. Although there were inconsistencies in the testimony of the only witness to claim defendant had a gun on his person on the night of the shooting and she was disrespectful during trial proceedings, she also provided detailed evidence about where the gun was located and moved during the crime. Because the trial court was in the best position to determine witness credibility, the convictions cannot be vacated. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-961, Categories: Evidence, firearms
[Consolidated.] J. Aarons finds that the lower court properly denied a request in which defendant, a retired police officer, sought to vacate his conviction for falsely reporting an incident and illegally discharging a firearm. Defendant contends he was denied due process on grounds that his sentence was based on extrajudicial materials, but he was aware grand jury minutes would be considered. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 14, 2024, Case #: 113251, Categories: firearms, Plea, Due Process
J. Joyce finds the trial court erred in denying defendant’s request for consultation with a community mental health program director but finds the error was harmless. “Court concluded that defendant did not have a qualifying mental disorder and thus declined to find that he was unfit to proceed. Defendant has not challenged that ruling.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A177517, Categories: firearms, Menacing
J. Joyce finds the trial court erred by failing to suppress evidence. “The officers’ reasonable suspicion of kidnapping had dissipated before the officers developed reasonable suspicion that defendant was a felon in possession of body armor.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A177524, Categories: Evidence, firearms, Search
J. Riedmann finds the trial court properly convicted defendant for manslaughter, attempted terroristic threats and firearm possession. Witnesses testify defendant shot his girlfriend during a night of drinking after a contentious phone call with his ex-wife regarding child custody issues. Sufficient evidence supports the convictions, though a matter of sentencing is remanded to correct certain sentences from determinate to indeterminate according to statute. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: March 12, 2024, Case #: A-23-367, Categories: firearms, Manslaughter, Terrorism
J. Massa finds that defendant was improperly convicted of multiple firearms charges because evidence did not indicate defendant knowingly possessed a firearm constituting a machine gun. The conviction included the lesser offense of dangerously possessing a firearm, and thus other convictions should be dismissed for violating double jeopardy. Affirmed in part.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 12, 2024, Case #: 23S-JV-40, Categories: firearms, Double Jeopardy
J. Welch finds the trial court properly convicted defendant for firearm possession. During defendant's probation sentence for convictions on charges of domestic violence, disturbing the peace and criminal trespass, he failed to report for drug testing. The ensuing inquiry yielded information regarding defendant's illegally being in possession of firearms, and a search of his apartment turned up firearms. The search was properly made under conditions of defendant's probation and his motion to suppress was correctly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 12, 2024, Case #: A-23-312, Categories: firearms, Probation, Search
J. Fuller finds that the trial court properly convicted defendant of armed robbery, battery and firearm offenses. Sufficient evidence was presented to support defendant's armed robbery conviction and to allow the jury to find that defendant had a gun while attacking the victim. Although the victim said no gun was used during the incident, an eyewitness told police that defendant was holding a gun while hitting the victim and taking his two phones. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: March 11, 2024, Case #: A23A1575, Categories: firearms, Robbery
J. Thacker finds the lower court properly denied the defendant's post-trial motion to vacate his conviction or order a new trial. The defendant, convicted of being a felon in possession of a firearm and ammunition, believed he deserved a new trial after he learned that the government’s key witness had changed his story two weeks before trial. The government failed to disclose that information. The witness is irrelevant to the jury's decision because the evidence demonstrated that he had been sitting on the magazine, the gun was beside him, and he had a history of illegally possessing firearms. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: March 11, 2024, Case #: 22-4617, Categories: Fair Trial, firearms, Witnesses
J. Davis finds the trial court properly imposed a two-level flight enhancement to defendant's sentence. Although he was not the driver of the vehicle that led police on a high-speed chase through a residential area, he was an active participant in the crime that led to the chase and immediately fled from police when the car eventually crashed, which allowed the court to infer he actively participated in the reckless flight from police. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: March 11, 2024, Case #: 23-3078, Categories: firearms, Sentencing