8 results for 'cat:"Firearms" AND cat:"Vehicle"'.
J. Johnson reverses the district court's dismissal of a charge for carrying a BB gun in a public place. A motor vehicle being driven on a public road is a public place, and a BB gun under the vehicle's driver's seat is therefore being carried in a public place for the purposes of the relevant statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 15, 2024, Case #: A23-1257, Categories: firearms, vehicle
J. Richardson finds the lower court properly convicted the defendant of being a felon in possession of a firearm. The police had probable cause to search his vehicle, where they found illegally owned firearms and drugs because the defendant ran two stoplights in an unprovoked flight upon noticing the police before they had turned on their sirens. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: February 6, 2024, Case #: 21-4684, Categories: Evidence, firearms, vehicle
J. Marconi agrees with the defendant that, to determine whether a reasonable person would consider a threat as a likely cause of serious bodily injury or death to an extent that the person would use a firearm to warn off the person making the threat, does not hinge on whether or not the person being threatened is able to retreat. The jury should not have been instructed to use the defendant’s ability to leave the scene as a factor in determining the threat he faced in a road rage incident. Reversed.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: January 19, 2024, Case #: 2022-0432, Categories: firearms, Threats, vehicle
J. Grasz finds a lower court properly sentenced a defendant to 87 months in prison after he pleaded guilty to unlawful possession of a firearm. The defendant argued that his sentence is unreasonable. However, the defendant has a prior conviction for aggravated vehicular hijacking, which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: August 1, 2023, Case #: 22-2858, Categories: firearms, Sentencing, vehicle
J. Brennan finds that defendant was properly convicted of second-degree murder in the shooting death of the male driver of a van stopped in the next lane at a red light, but improperly convicted of attempted first-degree murder of the female passenger wounded in the incident. Simply put, the jury’s finding that defendant believed in the need for self-defense is a factual determination that precludes a finding of guilt for attempted first-degree murder. Reversed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: July 26, 2023, Case #: 210423, Categories: firearms, Murder, vehicle
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J. Wedemeyer finds the lower court properly convicted defendant for being a convicted felon in possession of a firearm, evading arrest while operating a motor vehicle, reckless driving, driving while unlicensed, violation of the registration law, and disobeying a stop sign. Defendant fled a traffic stop in the vehicle he was driving, which he ultimately crashed and left the scene. During the course of a vehicle search, officers discovered defendant’s identification and police dogs located a loaded handgun along defendant’s escape route. Evidence is sufficient to support his convictions and effective 10-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wedemeyer, Filed On: June 5, 2023, Case #: W2022-00814-CCA-R3-CD, Categories: Evidence, firearms, vehicle
J. Moore affirms the jury trial conviction and sentence of the defendant for being an armed habitual criminal. He knowingly possessed a Smith & Wesson .40 caliber pistol, after having previously been convicted of felony drug offenses. The gun was found under the driver’s seat of a vehicle the defendant had been driving for hours while drinking. The gun was only accessible to the driver. The evidence, including DNA evidence from the grip of the gun linked to the defendant, was sufficient beyond a reasonable doubt to sustain the conviction on appeal. Additionally, the defendant’s actions in refusing police commands to exit the vehicle and failing to keep his hands out of the window show “consciousness of guilt.” Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: June 2, 2023, Case #: 220047, Categories: Evidence, firearms, vehicle