Legal Opinion · Dissent

Robertson v. State

Indiana Supreme Court

Decided March 27, 2002No. 49S02-0103-CR-157Published

1DissentRucker, Justice

I agree with the majority that the issue in this case is not whether a common hallway is a public place. Having said that, it is clear that Robertson was perfectly within his right to possess the handgun inside his apartment. I am troubled that Robertson is transformed from a law-abiding citizen one moment into a misdemean-ant the next by merely stepping a few feet outside his doorway while the handgun is still in his possession. From my perspective the Court of Appeals has the better view: "the area immediately outside of a person's apartment is a part of that person's dwelling." Robertson…

2Cases cited1 opinion

  1. Robertson v. StateIndiana Court of Appeals · 2001

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