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765 N.E.2d 138

Robertson v. State

Indiana Supreme Court

Decided March 27, 2002

Indiana Supreme Court · decided 2002-03-27

Cited by 7 later decisions — most recently May 2017

7 state decisions

Relies on Robertson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-03-27

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RUCKER, Justice,

¶1dissenting.

¶2I 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 v. State, 740 N.E.2d 574, 576 (Ind.Ct.App.2000). I therefore dissent and would reverse the judgment of the trial court.

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