Legal Opinion

Henderson v. State

Indiana Supreme Court

Decided September 1, 1999No. 49S05-9908-CR-440PublishedCited by 77 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

How close to someone else’s licensed handgun can you get before the law deems you to be “carrying” it without a license? The evidence in Anthony Henderson’s case showed proximity, but no apparent action to exercise dominion over the gun. This was insufficient to sustain his conviction. We therefore reverse.

Facts and Procedural History

On July 5, 1997, Anthony Henderson was riding home from a barbeque in a car driven by his friend Jamal Finch. About fifteen minutes after leaving the party, Officer Robert Neeley of the Indianapolis Police Department stopped the car. The…

2Cases cited11 opinions

  1. Muscarello v. United StatesSupreme Court of the United States · 1998
  2. In the Matter of Marie ERICKSON, Debtor-Appellee. Appeal of DORCHESTER STATE BANKCourt of Appeals for the Seventh Circuit · 1987
  3. Woods v. StateIndiana Supreme Court · 1984
  4. Carnes v. StateIndiana Court of Appeals · 1985
  5. Person v. StateIndiana Court of Appeals · 1996

6 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. Gray v. StateIndiana Supreme Court · 2011
  2. Gee v. StateIndiana Supreme Court · 2004
  3. Deshazier v. StateIndiana Court of Appeals · 2007
  4. Grim v. StateIndiana Court of Appeals · 2003
  5. Bradshaw v. StateIndiana Court of Appeals · 2004

72 more not listed; retrieve them via the Exa API.

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