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Tuesday, March 24, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 3 NFP memorandum decisions)

For publication opinions today (1):

In Kolyann Williams v. State of Indiana, a 6-page opinion, Judge Bradford writes:

On December 9, 2014, in a published opinion, we reversed Appellant-Defendant Kolyann Williams’s conviction for Class A misdemeanor marijuana possession. Williams v. State, 22 N.E.3d 730 (Ind. Ct. App. 2014). We reversed Williams’s conviction on the basis that the traffic stop that led to the discovery of marijuana in his possession was based on the police officer’s mistaken belief that an infraction had occurred. Id. at 735. Appellee-Plaintiff the State of Indiana now petitions for rehearing, arguing that the United States Supreme Court’s recent decision in Heien v. N. Carolina, 135 S. Ct. 530 (2014), requires a different result. Heien held that reasonable mistakes of law, as well as fact, can give rise to reasonable suspicion under the Fourth Amendment. Id. at 536. Because we agree with the State, we grant its petition for rehearing and affirm the judgment of the trial court. * * *

In conclusion, while we agree that Williams was committing no infraction at the time he was stopped by Officer Packard, Officer Packard had a reasonable belief that he was, thereby justifying the stop. Consequently, the evidence seized as a result of the stop need not be suppressed. We grant the State’s petition for rehearing and, reversing our prior disposition, affirm the judgment of the trial court.

NFP civil decisions today (0):

NFP criminal decisions today (3):

Kenneth W. Gibbs v. State of Indiana, et al. (mem. dec.)

Mark A. Hensley v. State of Indiana (mem. dec.)

Lisa Jacksen v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 24, 2015 11:22 AM
Posted to Ind. App.Ct. Decisions