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Tuesday, January 19, 2016

Ind. Decisions - 7th Circuit decides one Indiana case today

In USA v. Julius Lawson (ND Ind., Springmann), a 22-page opinion, Judge Kanne writes:

Defendant‐Appellant Julius W. Lawson and his confederate attempted to commit robbery in a United States branch post office located at a shopping center in Fort Wayne, Indiana. In the post office, the confederate pointed a firearm at a patron while Lawson looked for property to steal. Lawson was later apprehended because he left his cell phone, palm print, and fingerprints on the post office counter. His confederate was never identified.

A jury convicted Lawson on all three counts related to aiding and abetting firearm use during the attempted robbery of the post office.

Lawson appeals his convictions on three grounds. First, he argues that there was insufficient evidence for the jury to find that a “firearm” was used. Second, he contends that the jury was improperly instructed on the theory of aiding and abetting firearm use in light of Rosemond v. United States, 134 S. Ct. 1240 (2014), entitling him to a new trial. Third, he claims that he is entitled to a new trial because the government withheld evidence of an investigator offering a “bribe” to a witness and a police officer’s disciplinary record in violation of Brady v. Maryland, 373 U.S. 83 (1963). We disagree and affirm the judgment of the district court.

Posted by Marcia Oddi on January 19, 2016 06:37 PM
Posted to Ind. (7th Cir.) Decisions