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FILED
May 01 2008, 9:36 am

FOR PUBLICATION
ATTORNEY FOR APPELLANT:

of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE:

JOHN PINNOW
Greenwood, Indiana

STEVE CARTER
Attorney General of Indiana JESSICA A. MEEK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JEFFREY BUCKLEY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0708-CR-731

APPEAL FROM THE MARION SUPERIOR COURT The Honorable John Jay Boyce, Judge Pro Tempore Cause No. 49G01-0608-FC-146003

May 1, 2008

OPINION - FOR PUBLICATION

FRIEDLANDER, Judge

Jeffrey Buckley appeals his conviction of Carrying a Handgun Without a License, 1 as a class C felony. The sole issue presented on appeal is whether the trial court abused its discretion in admitting evidence of the handgun, which Buckley claims was discovered as a result of an unconstitutional seizure. We reverse and remand. On the evening of August 5, 2006, a shooting occurred at 56th and Georgetown Road in Indianapolis. Three men were shot, one of whom, Justin Miller, died as a result of a gunshot wound to the head. Witnesses described the shooter as a tall, thin, darkskinned black male, driving a red Ford Explorer or Expedition with gray or dark bumpers. Immediately after the shooting, the shooter drove to a nearby housing addition, stopped at a retention pond, and then exited back onto 56th Street. Detective Bill Rogers led the homicide investigation. He learned from one of Miller's roommates that Miller had recently been approached at the mall by a black male who stated, "my name is `Jeff Buckley, just remember me'" and then abruptly walked away. Exhibits at 57. Another one of Miller's roommates, Spencer Chasteen, indicated that he (Chasteen) had been approached on an earlier occasion at the mall by a darkskinned black male, who introduced himself as Jeff Buckley. Before walking away, the man said to Chasteen, "I know all about you, you took my stuff". Id. at 58. It was believed that these comments stemmed from the fact Chasteen was a suspect in a recent vehicle theft and credit card fraud case in which Buckley's live-in girlfriend was the

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Ind. Code Ann.

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