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Wednesday, May 25, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 14 NFP memorandum decision(s))

For publication opinions today (1):

In Kelly C. Mullen v. State of Indiana , a 16-page opinion, Judge Crone writes:

The State charged Kelly C. Mullen with level 4 felony possession of a firearm by a serious violent felon (“SVF”) and class A misdemeanor resisting law enforcement. Mullen now brings this interlocutory appeal challenging the trial court’s denial of his motion to suppress. He contends that the handgun recovered by police was seized in violation of the federal constitutional guarantees against unreasonable search and seizure. We conclude that the police had reasonable suspicion that criminal activity had occurred justifying an investigatory stop of Mullen and a reasonable belief that he was armed. Therefore, we conclude that the handgun was constitutionally seized and affirm the denial of Mullen’s motion to suppress. * * *

When Mullen told the police that he had a knife and reached toward his pockets as though he was going to draw it, the police were permitted under the Fourth Amendment to secure Mullen and do a patdown search. Accordingly, we affirm the denial of Mullen’s motion to suppress the fruits of that search.

NFP civil decisions today (5):

Robert J. Fiedler and Dianne C. Fiedler v. LaGrange County Regional Utility District (mem. dec.)

Kirk R. Jocham v. Discover Bank (mem . dec.)

Jodie Meyer v. Elizabeth Cochran (mem. dec.)

D.S. II v. M.C. (mem. dec.)

The Estate of Diana K. Blake by Nicole Walker, Personal Representative v. Select Specialty Hospital-Fort Wayne, Inc. (mem. dec.)

NFP criminal decisions today (9):

M.L.M. v. State of Indiana (mem. dec.)

Terry Criss v. State of Indiana (mem. dec.)

Jerome C. Lockhart v. State of Indiana (mem. dec.)

James A. Love v. State of Indiana (mem. dec.)

Marlon Coley v. State of Indiana (mem. dec.)

Mark Johnson a/k/a Garland P. Jeffers v. State of Indiana (mem. dec.)

William Alan Seydel v. State of Indiana (mem. dec.)

Michael Becker v. State of Indiana (mem. dec.)

Jonathan J. Tipton v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on May 25, 2016 11:31 AM
Posted to Ind. App.Ct. Decisions