Preview:

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: ERNEST P. GALOS South Bend, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

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

No. 71A04-0706-CR-297

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable Jane Woodward Miller, Judge Cause No. 71D01-0609-FD-966

December 5, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Lavar Taylor appeals his convictions, after a jury trial, of resisting law enforcement, a class A misdemeanor, and possession of cocaine within 1,000 feet of a family housing complex, a class B felony. We affirm. ISSUES 1. Whether the trial court abused its discretion when it admitted into evidence testimony regarding Taylor's refusal to comply with orders by law enforcement officers and the cocaine found in Taylor's pocket. 2. Whether the trial court erred when it refused Taylor's tendered instruction concerning a statutory defense to the possession charge. FACTS 1 At approximately 1:00 a.m. on September 15, 2006, Officers Ronald Kaszas and James Burns of the South Bend Police Department were patrolling the area of the LaSalle Park Homes ("the LaSalle"). The LaSalle is a complex of 150 government housing units, including 2-, 3- and 4-bedroom apartments, in which many families reside. The LaSalle is posted for "no trespassing," and the officers were alert for loiterers. (Tr. 131). Having observed a strange vehicle with an out-of-town license plate and multiple occupants parked in a LaSalle lot, they approached on foot to investigate. The officers (both in uniform) were determining the vehicle occupants' identities when Taylor walked around the corner.

1

We bring to the attention of Taylor's appellate counsel that "[a] table of contents shall be prepared for every Appendix" and "shall specifically identify each item contained in the Appendix." Ind. Appellate Rule 50(C).

2

Standing "right at the corner" of a LaSalle apartment building, at a distance of 90100 feet from the officers, Taylor "start[ed] yelling, f*** the police. Get the f*** out of here," and "What are you bothering them for?" (Tr. 134, 133, 171). Officer Kaszas "told him [to] quiet down, go on home." (Tr. 171). Taylor "began yelling, again, f*** the police." (Tr. 134). "After he said it the second time, . . . [the officers] repeated [their instructions back to him to quiet down and go home," and "he said it again." (Tr. 172). The officers completed their interaction with the occupants of the vehicle. Kaszas

believed that Taylor might be intoxicated, and they instructed Taylor "to come to [them], to find out what his problem was." (App. 111 2 ). Taylor turned and walked away, "yelling, f*** the police." Id. Officer Burns followed on foot, and Taylor began to run. Burns asked him to stop. Burns "repeated . . . over and over, stop, police, stop running." (Tr. 173). In the meantime, Kaszas had driven his squad car to try to intercept Taylor. Kaszas could hear Burns yelling at Taylor to stop, and he drove to where Burns had indicated Taylor was running. Taylor "came around the corner of a building," and Kaszas yelled, "Stop, police, get on the ground." (Tr. 135). Taylor "turned and ran straight to an apartment door." Id. With Kaszas "still yelling for him to stop, get on the ground," Taylor "grab[bed] the door handle with his hand and hit[] it with his shoulder." (Tr. 136). Kaszas believed Taylor was "breaking in" and deployed his taser. Id. Taylor fell to the ground. Kaszas arrested Taylor for disorderly conduct and resisting law enforcement.

2

Testimony identified as contained in the Appendix is testimony from the April 30, 2007, hearing on Taylor's motion to suppress.

3

Burns arrived and conducted a search of Taylor incident to his arrest. In the pocket of Taylor's pants, Burns found three baggies containing a white rock-like substance

Download Lavar Taylor v. State of Indiana.pdf

Indiana Law