OOLEY LAW BLOG

Many states around the country, like Virginia, have been making a push to implement stringent gun control measures that include, among other things, universal background checks, magazine capacity limits, and so-called “assault weapons” bans. These attempts to regulate firearms are nothing new, but the efforts to implement these sorts of laws and regulations has seemingly intensified in recent years.

Murder conviction in Washington County overturned on appeal for violation of Miranda rights. The Defendant filed a motion to suppress certain evidence before trial, but the judge denied the motion to suppress. The Court of Appeals said the motion to suppress should have been granted because the statements at issue were obtained by violating the Defendant’s Miranda rights.

IC 35-42-1-1.5, “Dealing in a controlled substance resulting in death,” was adopted in 2018 and was recently used to charge a man in Marion County with dealing resulting in death.

In McAnalley v. State, No. 18A-CR-1099 (Ind. Ct. App. Oct. 18, 2019), Defendant was convicted in Marion County of a level 4 felony for unlawful possession of a firearm by serious violent felon. Defendant then appealed his conviction on the basis that the police search of his wife’s vehicle was unconstitutional.

In many states, a person has committed the crime of assault when he or she verbalized a threat of force accompanied by threatening actions. This can create a problem when an armed citizen only puts his or her hand on

The Defendant, in this case, was arrested for driving with a suspended license. During the stop, the police searched the vehicle and found a firearm. The defendant did not have a license to carry a firearm and was charged with