780 results for 'cat:"Firearms"'.
J. James finds the Appeals Court erred by ruling defendant’s assignment of error was preserved. “The preemptive objection in this case did not serve the practical interests of preservation with respect to the arguments raised on appeal.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: May 16, 2024, Case #: S070410, Categories: Criminal Procedure, firearms
J. Rushing finds the lower court properly sentenced the defendant to 28 months in prison for violating the terms of his supervised release. The defendant argued the court consulted the wrong policy statement range in fashioning his revocation sentence because South Carolina attempted armed robbery is not a crime of violence under the version of the U.S. sentencing guidelines in effect at the time of his revocation hearing. South Carolina attempted armed robbery is a crime of violence under the residual clause of the guidelines definition in effect at the time of his revocation hearing. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: May 16, 2024, Case #: 16-4489, Categories: firearms, Robbery, Sentencing
J. Diaz finds the lower court properly denied the defendant's motion to suppress evidence, failed to give his proposed jury instruction, and admitted certain testimony. The defendant robbed a coin store owner at gunpoint, handcuffed the owner, and duct-taped his wrists and ankles together. A notebook found at the scene contained the defendant's fingerprints. Police searched his vehicle and apartment and found the coin store owner's firearm along with several pieces of currency matching what was taken from the store. The defendant moved to suppress the evidence seized during the search on the ground that the search warrant affidavit failed to establish probable cause, but his fingerprints were probative to suspect him as the robber. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 16, 2024, Case #: 22-4726, Categories: Evidence, firearms, Robbery
J. James finds the Appeals Court erred in ruling that defendant’s motion for mistrial on confrontation grounds was untimely and therefore unpreserved because he filed it during the interim time between the end of the trial proceedings one week and the start of proceedings the following week. “Neither the state at trial, nor the trial court, claimed surprise or asserted that the timing of defendant’s motion for a mistrial prevented a fair adjudication on the merits.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: May 16, 2024, Case #: S070057, Categories: Confrontation, firearms
J. Hoyle finds the trial court properly convicted defendant for possession of a firearm by a felon. Defendant was arrested after a traffic stop and the ensuing vehicle search produced the firearm. Defendant was stopped after multiple restaurant patrons witnessed him arguing with a waitress and offered to follow her home. During the drive, the witnesses observed defendant trying to hit the waitress with his truck. Defendant's status as a felon and other substantial evidence supports the conviction. The prosecutor’s asking the jury to put itself in the victim’s place does not fall outside proper jury argument, as it was an appropriate response to the defense's argument seeking to have the jury focus on the waitress's testimony that she did not want defendant to be arrested. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: May 15, 2024, Case #: 12-23-00269-CR, Categories: Evidence, firearms
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Per curiam, the circuit finds the district court improperly convicted defendant by guilty plea for being an unlawful drug user in possession of a firearm. Police were dispatched in response to a report of a fight involving a firearm. During a search of the residence, officers found multiple stashes of marijuana, as well as multiple firearms. Defendant was mirandized but agreed to talk with an ATF agent. Defendant admitted to firearm possession and drug use, though he had a medical marijuana card from New Mexico. The court erroneously invoked historical laws disarming dangerous groups to uphold the facial constitutionality of its cited statute, while it also relied on several cases but did not scrutinize the analysis done by the courts. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-50525, Categories: Constitution, Drug Offender, firearms
J. McMillian finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. Any error the trial court committed in refusing to give defendant's requested jury charge on self-defense was harmless. There was strong evidence of defendant's guilt, including witnesses who saw defendant shoot the unarmed victim. Even if the victim snatched defendant's key fob, a reasonable jury could find that defendant's later shooting of the victim was not done to prevent a robbery. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: May 14, 2024, Case #: S24A0570, Categories: firearms, Murder
J. Riedmann finds the trial court properly convicted defendant by plea agreement for second-degree murder and possession of a firearm by a prohibited person based on sufficient evidence. Defendant called 911, saying he was using CPR on a person with a gunshot wound. Defendant then reported the victim was dead, admitting he had shot her because she would not stop yelling. Officers discovered the victim with multiple gunshot wounds, later finding defendant at his brother-in-law's house pursuant to another 911 call. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-942, Categories: Evidence, firearms, Murder
J. Moore finds the trial court properly convicted defendant by plea agreement for possession of a firearm by a prohibited person, making terroristic threats, operating a motor vehicle to avoid arrest and driving while under suspension. Defendant was arrested after he called the sheriff's department threatening to kill his mother, making additional threats to law enforcement and other civilians. Sufficient evidence supports the convictions, though the court committed plain error by sentencing defendant to determinate sentences, rather than indeterminate sentences on three of the four counts. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 14, 2024, Case #: A-23-826, Categories: Evidence, firearms, Threats
J. Sessions denies the gun ownership entities and several Vermont residents’ motion to exclude the state’s expert witness in this civil rights lawsuit against the state and top officials alleging the certain gun laws are unconstitutional under the Second Amendment. The entities and residents’ challenge the relevance of the five expert witnesses, but the state seeks to introduce evidence on discrete issues. The court found that each testimony is relevant to the legal analysis and determinations on whether the laws are constitutional.
Court: USDC Vermont, Judge: Sessions, Filed On: May 14, 2024, Case #: 2:23cv710, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Experts, firearms
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: Evidence, firearms, Sentencing
Per curiam, the appellate division finds that defendant was improperly convicted of attempted murder and assault because evidence does not indicate defendant knew his passenger was armed and planned to shoot at another person. However, evidence supported defendant's conviction for possessing a gun outside his home or business. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 13, 2024, Case #: KA 18-01371 , Categories: firearms, Intent, Murder
J. Loken finds a lower court improperly denied a defendant's request for self representation after he was charged with being a felon in possession of a firearm. The government argued that the defendant was not entitled to demand self representation on the morning of his trial. However, the defendant sufficiently showed in court that he would not engage in "serious and obstructionist misconduct" during the proceedings. Reversed.
Court: 8th Circuit, Judge: Loken, Filed On: May 13, 2024, Case #: 23-1547, Categories: Fair Trial, firearms, Self Representation
J. O'Neil finds a lower court improperly sentenced a defendant to second degree murder after he shot and killed a coworker inside of a vehicle. The State argued that it properly presented evidence in court concerning items located in the defendant's residence, which included firearms and ammunition, and that he is an unreasonable person. However, the defendant sufficiently showed in court that the government improperly submitted evidence that was harmless and prejudicial. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: May 13, 2024, Case #: 2 CA-CR 2023-64, Categories: Evidence, firearms, Murder
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: Evidence, firearms, Sentencing
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: Evidence, firearms, Sentencing
J. Johnson finds that the trial court should not have granted defendant's motion to suppress evidence related to possession of drugs. In this case, the police officers had reasonable suspicion to stop defendant based on his suspicious behavior of attempting to hide from officers, with a bulge in his waistband, while at a parade. Further, the officers were not required to determine whether defendant had a concealed permit for his gun because concealed firearms are not permitted on a parade route. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 10, 2024, Case #: 2024-K-0158, Categories: Drug Offender, firearms, Search
J. Waterman finds that defendant was properly convicted of possession of a firearm as a convicted felon because his muzzleloader replica of an antique firearm was a rifle and fell under the common meaning of the term firearm. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: May 10, 2024, Case #: 23-0338, Categories: firearms
J. Webb finds the circuit court properly dismissed the inmate's petition for a writ of habeas corpus. The inmate alleges the trial court lacked jurisdiction because no record evidence shows he pleaded guilty to a charge of illegal firearm possession. The inmate was found guilty for first-degree murder and the sentencing order recited he pleaded guilty to the firearm charge, the shorter sentence for which is being served concurrently with that for the murder conviction. The petition is time-barred. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: May 9, 2024, Case #: CV-23-721, Categories: firearms, Habeas, Murder
J. Bea finds that the district court improperly entered conviction against an individual for violation of a United States Code concerning possession of a firearm if the individual has been convicted of an offense punishable by imprisonment for a term exceeding one year. The lower court's findings violated the Second Amendment as applied to the individual because he is a non-violent offender who has served his time in prison and reentered society. Reversed.
Court: 9th Circuit, Judge: Bea, Filed On: May 9, 2024, Case #: 22-50048, Categories: Constitution, firearms
J. Cadish finds the trial court properly convicted defendant, by no-contest plea, for being a felon in possession of a firearm. Defendant was pulled over for driving without a license plate light. It was discovered he had an active warrant and he was arrested. Defendant moved to suppress a weapon found during a warrantless search of his vehicle on the basis that the search was not an inventory search, but a ruse to conduct an investigatory search. The search was reasonable under the totality of the circumstances, and no error is found in the court's denial of the motion to suppress. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 9, 2024, Case #: 85564, Categories: Evidence, firearms, Search
J. Suddaby dismisses the Second Amendment Foundation, a gun rights advocacy group with over 720,000 members across the country, from a civil rights lawsuit that claims a housing authority violates their members’ right to bear arms by prohibiting tenants from possessing any firearms as a condition of their Section 8 housing benefits. The court rules the advocacy group lacks representational and associational standing to bring suit under a 50-year legal precedent.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: May 9, 2024, Case #: 5:23cv1540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing, firearms
J. Seymour finds that the lower court properly granted defendant's motion to suppress his name after he was charged with being a felon in possession of a firearm. The lower court granted the motion to suppress after finding that the name was given as "fruit of an unlawful investigative detention," given that the officers did not have proper suspicion to detain him. The simple facts that defendant was standing alone in a "high crime area" were not enough to justify the detention that led to the arrest. Affirmed.
Court: 10th Circuit, Judge: Seymour, Filed On: May 8, 2024, Case #: 22-1378, Categories: firearms, Search
J. Hoyle finds the trial court properly convicted defendant for murder. Testimony from neighbors shows defendant and his girlfriend were experiencing tension in the relationship after their daughter was born, and that this was exacerbated by defendant's recent wreck in his truck and a winter storm. A female witness with whom defendant had flirted in the past testified the girlfriend retrieved a gun when defendant taunted her with the flirtation. Defendant shot and killed the girlfriend when attempting to take the gun from her. His version of how the shooting occurred was inconsistent with the blood spatter evidence and other forensic evidence, such as the fact that the bullet did not exit the girlfriend's skull. A rational factfinder reasonably could infer that defendant intentionally or knowingly shot the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: May 8, 2024, Case #: 12-23-00208-CR, Categories: Evidence, firearms, Murder
J. Schroeder finds that the district court properly dismissed an action brought by five registered California gun owners who challenged California legislation aimed at encouraging research on firearm violence that permits the California Department of Justice to disseminate information from its databases to accredited research institutions about purchasers of firearms and ammunition, as well as individuals who hold permits to carry concealed weapons. The gun owners did not state a claim for violation of the right to informational privacy under the Fourteenth Amendment. Affirmed.
Court: 9th Circuit, Judge: Schroeder, Filed On: May 8, 2024, Case #: 23-55133, Categories: Constitution, Privacy, firearms
J. Hoffman finds defendant's conviction for being a felon in possession of a firearm did not violate his Second Amendment right to bear arms. The states' bans on felons owning firearms is reasonably related to the legitimate government interest of keeping weapons out of the hands of dangerous individuals. Meanwhile, defendant's motion to suppress the results of a search of his home was properly denied by the trial court despite the lack of certain details from the affidavit used by police to secure a search warrant. The confidential informant used by police, despite not being named, had provided correct information in the past, while other details about defendant's drug trafficking out of the home were confirmed by surveillance and established probable cause. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: May 7, 2024, Case #: 2024-Ohio-1760, Categories: Constitution, firearms, Search