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 Post subject: Cases to Know: Bodan v. State of Delaware (1992)
PostPosted: Wed Jul 30, 2008 8:00 pm 
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I'm trying not to go too crazy with cases here, so if it's a bit much, please let me know. :?

This case is the closest I've come so far that goes towards open carry of a deadly weapon being put on trial. It's not a firearm; however, it is dealing with § 1442, so it's relevant.
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PROCEDURAL POSTURE: Defendant sought review of a decision from the Superior Court of the State of Delaware in and for New Castle County, which convicted defendant of carrying a concealed deadly weapon under 11 Del. C. § 1442.

OVERVIEW: Defendant was taken into custody on an outstanding arrest warrant. Following a custodial search defendant turned over a butterfly knife. Defendant was charged with carrying a concealed deadly weapon. At trial the officer testified that defendant withdrew the knife from his trouser pocket beneath his shirt. Defendant testified that his shirttail was tucked into his pants and that the knife was not concealed because he carried it in a belt loop of his pants. Defendant was convicted. On appeal, defendant asserted that the evidence was insufficient to sustain his conviction. Defendant's assertion related to whether the weapon was in fact concealed. The court stated that because the evidence of concealment was disputed, its standard of review required the court to view the evidence in the light most favorable to the State. (Wynder: I have no idea what this means! Perhaps when it's the word of the defendant vs. the word of a LEO, the state tips the scales in their favor?) Applying that standard, the court found the record sufficient for a rational trier of fact to have concluded from the officer's testimony that the weapon on defendant's person was concealed until produced by defendant. The court concluded that from the verdict the jury believed the officer rather than defendant and the court would not disturb that finding.

OUTCOME: The court affirmed defendant's conviction for carrying a concealed deadly weapon.

Quote:
When confronted with a claim that the evidence is insufficient to support a guilty verdict, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. One of the premises of this standard of review is that "the jury is the sole trier of fact responsible for determining witness credibility, resolving conflicts in testimony and for drawing any inferences from the proven facts."

To establish the offense of carrying a concealed deadly weapon, the State must prove that: 1) the weapon was carried "upon or about" the defendant's person; 2) the weapon was a deadly weapon; 3) the weapon was concealed; and 4) defendant had knowledge of the presence of the weapon on his person.

On appeal, Bodan's sole contention concerning sufficiency of the State's evidence relates to whether the weapon was in fact concealed. In support thereof, Bodan makes three arguments: (i) that Bowman's testimony in a previous proceeding differed from that at trial; (ii) that Bowman failed to discover the weapon during his "pat-down" search of Bodan upon arrival at the police station; and (iii) that since [*3] defendant and another witness testified that Bodan carried the weapon on a belt loop, the weapon could not have been covered by his shirttail.

The record reveals that Officer Donald Bowman ("Bowman") of the Wilmington Police Department, after ascertaining that there was a warrant outstanding for Bodan's arrest, took Bodan into custody. Following a custodial search of Bodan at the police station and in response to a question from Officer Bowman, Bodan turned over a "butterfly knife" -- described as a special type of pocket knife designed to open quickly when flipped. At trial Officer Bowman testified that Bodan withdrew the knife from his trouser pocket beneath his shirt. (Officer Bowman testified that he recalled that Bodan's shirttail was hanging out of his pants at the time.) Bodan, disputing Bowman, testified that his shirttail was tucked into his pants and the knife was not concealed since he carried it in a belt loop of his pants. Another defense witness testified that Bodan's shirt tail was tucked in.

Since the evidence of concealment was disputed, our standard of review requires us to view the evidence in a light most favorable to the State. Applying this standard, we find the record sufficient for a rational trier of fact to conclude from Officer Bowman's testimony that the weapon on Bodan's person was concealed until produced by defendant. HN4Go to this Headnote in the case.Since the evidence on concealment was in conflict, it was the responsibility of the trier of fact, here a jury, to weigh the evidence and determine where the truth lay. Chao, 604 A.2d at 1363. The Court can only conclude from the verdict that the jury believed Officer Bowman rather than defendant. This Court will not disturb that finding.

NOW, THEREFORE, IT IS ORDERED that the State's Motion to Affirm pursuant to Supreme Court Rule 25(a) is GRANTED, and the judgment of the Superior Court is

AFFIRMED.

BY THE COURT:

Henry R. Horsey, Justice


Moral of the story? If you're open carrying, make sure it's not the least bit concealed!

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 Post subject: Re: Cases to Know: Bodan v. State of Delaware (1992)
PostPosted: Wed Sep 25, 2013 10:11 pm 
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That one part to me means that the state found the overall case favorable on the states side. Most likely because he was already convicted because of the evidence. My studies show to me that even in cases where evidence used is thrown out on appeal, the state tends to believe in the evidence as fact until it is disproven without doubt. Unlike normal evidence which must be proven to be true.

Innocent until proven guilty doesnt apply if youve been found guilty.

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 Post subject: Re: Cases to Know: Bodan v. State of Delaware (1992)
PostPosted: Fri Sep 12, 2014 9:02 am 
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The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. Additionally

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