15 results for 'cat:"Firearms" AND cat:"Juvenile Law"'.
J. Stiles finds that the juvenile was properly adjudicated delinquent for illegal possession of a handgun by a juvenile, illegal possession of a stolen firearm, and obstruction of justice relating to an incident in which he discarded a backpack while fleeing officers looking for a shoplifting suspect. The juvenile's challenges to the sufficiency of the evidence are without merit. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: February 7, 2024, Case #: JAK-23-625, Categories: firearms, juvenile Law
J. Wolfe finds that the juvenile was properly adjudicated delinquent for illegal possession of a handgun. The juvenile's motion to suppress evidence of the firearm seized from him was correctly denied since the officer had "reasonable suspicion to conduct an investigatory stop" based on an anonymous tip and his own investigation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: January 19, 2024, Case #: 2023KJ0734, Categories: Evidence, firearms, juvenile Law
J. Belsome finds that the juvenile court properly adjudicated a juvenile delinquent for being a minor in possession of a handgun. The officer was justified in stopping the juvenile because he noticed the juvenile walking and holding his waistband, a bulge in his hoodie pocket, and that he was intently observing the police car. Therefore, there was reasonable suspicion to stop the juvenile. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: December 7, 2023, Case #: 2023-CA-0629, Categories: firearms, juvenile Law, Search
Per curiam, the court of appeals finds that the appellate division properly held that defendant was ineligible for adjudication as a youthful offender after pleading guilty to weapon possession for brandishing a loaded gun during an argument over a parking space. Although he was 17 years old at the time, mitigating circumstances did not offset the threatening manner in which defendant used the gun. Meanwhile, defendant failed to preserve the challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of a home or business because he did not raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: November 21, 2023, Case #: 64, Categories: Criminal Procedure, firearms, juvenile Law
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J. Mathis finds the trial court properly imposed an enhanced sentence under the Armed Career Criminal Act after defendant was convicted of being a felon in possession of a firearm. His previous juvenile conviction for possession of a firearm while committing second-degree murder qualifies as a crime of violence under the Act. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: October 26, 2023, Case #: 22-1840, Categories: firearms, juvenile Law, Sentencing
J. Lie finds that the trial court was right to deny a motion to suppress the loaded unregistered handgun police found in a search of a juvenile. Probable cause was formed when the juvenile fled as his companions were being detained and patted down. His facial challenge to the constitutionality of the state's firearms licensing scheme fails because he did not show that its enforcement infringes Second Amendment rights in the great majority of cases. Affirmed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: August 24, 2023, Case #: H050112, Categories: firearms, juvenile Law, Search
J. May finds that the lower court properly declined to suppress evidence in defendant's trial for the juvenile equivalent of dangerous firearm possession because the police officer's stop and search of defendant was not unlawful. Meanwhile, the conviction was supported by the evidence and officer testimony. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: August 11, 2023, Case #: 22A-JV-3063, Categories: firearms, juvenile Law, Search
J. Riedmann finds the juvenile court properly transferred this case regarding the juvenile defendant’s possession of a firearm during the commission of a felony and possession of meth to adult court. Upon report of a number of runaway juveniles partying in a hotel room, officers discovered the items on defendant’s person during a search. The juvenile court found no relevant matters to consider. A review of rehabilitative efforts and defendant’s criminal history supports the conclusion that juvenile probation has been unsuccessful. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 1, 2023, Case #: A-23-208, Categories: Drug Offender, firearms, juvenile Law
J. Wicker finds that the trial court should not have adjudicated a juvenile delinquent for illegal possession of a handgun. The state did not show that the juvenile illegally possessed a handgun "on his person." There was no evidence admitted showing that the arresting officer observed the juvenile with the gun or any fingerprint or DNA evidence to link the juvenile to the firearm. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: June 28, 2023, Case #: 23-KA-84, Categories: Evidence, firearms, juvenile Law
J. Welch finds the district court properly denied defendant’s request to transfer his case for auto theft, fleeing and firearm possession to the juvenile court. Officers apprehended defendant after a chase when responding to gunshots heard while on another call. The investigation yielded casings and information that a home had been struck by gunfire, a shot just missing a man sitting on his couch. The casings were confirmed to have been fired from the rifle recovered from defendant. Defendant was 17 at the time of the offense and the court properly concluded that the juvenile court’s jurisdiction would not be sufficient due to the violent nature of the offenses, the concern for public safety, and the fact that it would automatically lose jurisdiction when defendant turned 19 regardless of any benefit from juvenile services. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 6, 2023, Case #: A-23-118, Categories: firearms, juvenile Law, Jurisdiction