Legal Opinion · Dissent

Fields v. State

Indiana Court of Appeals

Decided January 17, 1997No. 27A02-9512-CR-736Published

1DissentSullivan, Judge

The majority opinion acknowledges the law as set forth in Washington v. State (1987) Ind., 517 N.E.2d 77 yet proceeds to disregard it. A creative but unpersuasive rationale is fashioned for ignoring Washington. The majority concludes that it is “reasonable to presume that a defendant who has a valid license for his handgun will present that license to avoid conviction for the crime” (Op. *32at 30) and that therefore such a defendant will never be convicted of possession of a handgun without a license and another crime involving that firearm. While the innovative speculation is an understandable…

2Cases cited8 opinions

  1. Hash v. StateIndiana Supreme Court · 1972
  2. Hitch v. StateIndiana Supreme Court · 1972
  3. Abron v. StateIndiana Court of Appeals · 1992
  4. Washington v. StateIndiana Supreme Court · 1987
  5. Meriweather v. StateIndiana Court of Appeals · 1995

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