• Skip to main content
  • Skip to footer
  • Categories
    • Civil
    • Criminal
    • Juvenile
  • Courts
    • Supreme
    • Appeals
    • Tax
    • SCOTUS
    • 7th Circuit
  • Judges

Case Clips

Published by the Indiana Office of Court Services

Barany v. State, No. 17A04-1510-CR-1734, __ N.E.3d __ (Ind. Ct. App., May 4, 2016).

May 9, 2016 Filed Under: Criminal Tagged With: Appeals, M. May

May, J.
David D. Barany appeals the trial court’s denial of his request to return the firearm used in the commission of the crime of which he was convicted. We affirm.
….
The trial court granted Barany’s 60(B) motion and determined “the Order of December 14, 2014 denying return of the murder weapon [Colt Python] to [Barany] is set aside.” (Id. at 15.) It then denied Barany’s request to release the Colt Python to Jan and granted the State’s request to have it destroyed, finding:

It is not in the best interest of the citizens of the State of Indiana that the murder weapon [Colt Python] be allowed to continue to be in existence. It is against public policy to allow the convicted Defendant, David Barany, to profit in any way by allowing the sale of the very weapon he used to commit the murder.

(Id. at 16.)
….
Because the Colt Python was a murder weapon, it was misused for purposes of Ind. Code § 35-47-3-2(b). [Footnote omitted.] Thus, the trial court did not err when it denied Barany’s request to release the Colt Python to Jan.
Conclusion
The trial court did not err when it denied Barany’s request to release the Colt Python that Barany used to commit murder. We affirm.
Affirmed. Najam, J., and Riley, J., concur
 

Read the full opinion

If the link to the opinion in this case isn’t available above, you can search for it at public.courts.in.gov/decisions

Footer

About

Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

Subscribe
  • Flickr
  • RSS
  • Twitter
  • YouTube

Archive

Copyright © 2025 · Indiana Office of Court Services · courts.in.gov/iocs