Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dunson v. Smith

United States District Court, S.D. Indiana, Terre Haute Division

July 25, 2018

CHARLES DUNSON, Petitioner,
v.
BRIAN SMITH, Respondent.

          ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING A CERTIFICATE OF APPEALABILITY

          Hon. William T. Lawrence, Judge

         Petitioner Charles Dunson is serving a 2210-day sentence for his 2016 Marion County, Indiana conviction for carrying a handgun without a license. He brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons that follow, Mr. Dunson's petition for a writ of habeas corpus is denied and the action is dismissed with prejudice. In addition, the Court finds that a certificate of appealability should not issue.

         I. Factual and Procedural Background

         District court review of a habeas petition presumes all factual findings of the state court to be correct, absent clear and convincing evidence to the contrary. See 28 U.S.C. § 2254(e)(1); Daniels v. Knight, 476 F.3d 426, 434 (7th Cir. 2007). On direct appeal, the Indiana Court of Appeals summarized the relevant facts:

On November 20, 2014, officers from the Indianapolis Metropolitan Police Department were dispatched to the 2400 block of Kenwood Avenue after a number of 911 calls reported men with guns in the area. There was angry shouting audible in some of the calls, and one of the dispatches to police noted those sounds. The dispatchers also relayed reports from callers that there were thirty people gathering and that one caller reported someone was attempting to kick in his door.
Officer Matthew Addington and Deputy William Bennett responded to the dispatches and participated in a traffic stop involving someone thought to be involved in the incident. Meanwhile, Officers Tiffany Wren and Cathy Faulk also responded to the disturbance and spoke with Tamika Coleman, who was the victim of the altercation. Coleman was bleeding around her lips and nose, her nose appeared to be broken, and sections of her hair were torn out. Coleman's shirt was also torn, and there were footprints on her shirt. Coleman was “very upset, she was crying, she was agitated . . . .” Tr. p. 152. While Officers Wren and Faulk talked to Coleman, a man drove past on a scooter or motorcycle, and Coleman indicated to the other nearby officers that he was “involved.” Id.
Officer Faulk issued a police radio broadcast indicating she had a “conscious and alert” female who was “bleeding from the face” and then stated “there's a “black male on a silver scooter, he's coming toward you; he may be involved” and described it as a “big scooter, looks like a motorcycle.” Ex. 3, track 14. Officer Addington responded, “I see it. It's coming down Kenwood towards Twenty-Second, ” and then stated, “I have him detained.” Id.
After Dunson stopped his motorcycle, Officer Addington approached him and “noticed a bulge[] in [Dunson's] groin area . . . there was a flat top to it with a shirt over top that. Ah, there's a larger bulge beneath that about the waist line a belt line of the pants of the driver.” Tr. p. 67. Officer Addington believed the bulge was a weapon, and he patted Dunson down. Officer Addington discovered a 9mmRuger in Dunson's waist band and seized it.
The State charged Dunson with Class A misdemeanor carrying a handgun without a license and enhanced the charge to a Level 5 felony because Dunson had a prior conviction for the same offense. Dunson filed two motions to suppress, both of which the trial court denied following evidentiary hearings.
Dunson was tried in a bifurcated bench trial. During the trial, Dunson challenged the admissibility of the handgun. The trial court overruled Dunson's objection, admitted the handgun into evidence, and found Dunson guilty of carrying a handgun without a license. Dunson stipulated to the Level 5 felony enhancement. The trial court sentenced Dunson to 2210 days in the Department of Correction.

Dkt. No. 7-5 at 2-3; Dunson v. State, 64 N.E.3d 250, 251 (Ind.Ct.App. 2016) (footnotes omitted).

         Mr. Dunson appealed, arguing that the handgun was discovered as part of an illegal search in violation of his Fourth Amendment rights. On November 16, 2016, the Indiana Court of Appeals affirmed the conviction. Dunson, 64 N.E.3d at 256. Mr. Dunson did not file a petition for transfer seeking discretionary review from the Indiana Supreme Court. Mr. Dunson also has not sought post-conviction relief.

         On November 15, 2017, Mr. Dunson filed this petition for a writ of habeas corpus.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.