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Tuesday, March 24, 2009

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In April Lacy v. State of Indiana , an 11-page opinion, Judge Brown writes:

April Lacy appeals her conviction for possession of a knife with an automatic opening blade as a class B misdemeanor. Lacy raises one issue, which we revise and restate as whether Ind. Code § 35-47-5-2, which defines the crime of possession of a knife with an automatic opening blade, is unconstitutional. We affirm. * * *

Lacy argues that Ind. Code § 35-47-5-2 is unconstitutional on its face and as applied to Lacy. Specifically, Lacy argues that the statute violates her constitutional right to bear arms under Article 1, Section 32 of the Indiana Constitution, which provides that the ―people shall have the right to bear arms, for defense of themselves and the State. * * *

In summary, we cannot say that switchblades are typically possessed by law- abiding citizens for self defense purposes. We also conclude that Ind. Code § 35-47-5-2 is limited because it does not prohibit the possession of all knives but only knives that open automatically or "may be propelled . . . by hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife." I.C. 35-47-5-2. Based upon these conclusions, we hold that Ind. Code § 35-47-5-2 does not place a material burden upon the core value of Lacy‘s right to defend herself. Thus, we conclude that Ind. Code § 35-47-5-2 is not unconstitutional as applied to Lacy.[3]
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[3] Other courts have reached similar results regarding sawed-off shotguns, which we find
analogous.

NFP civil opinions today (2):

Edith Ann Hauser v. Robert L. Hauser (NFP) - "For the foregoing reasons, we affirm the trial court‟s modification of custody, reverse the trial court‟s modification of child support, and remand with instructions."

In the Matter of L.S.R. v. Elkhart County Dept. of Child Svcs. (NFP) - "Clear and convincing evidence supports the trial court‟s termination of Mother's parental rights to L.S.R. The judgment of the trial court is affirmed..

NFP criminal opinions today (7):

Christopher E. Castillo v. State of Indiana (NFP)

Jamaal Moore v. State of Indiana (NFP)

Shaunika L. Jones v. State of Indiana (NFP)

Ronald Baker, v. State of Indiana (NFP)

Riselle D. Bonner v. State of Indiana (NFP)

Antario B. Mercery v. State of Indiana (NFP)

Cesar De la Rosa v. State of Indiana (NFP)

Posted by Marcia Oddi on March 24, 2009 12:27 PM
Posted to Ind. App.Ct. Decisions