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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.

FILED
Sep 04 2009, 9:00 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: VICTORIA BAILEY Public Defender SUZY ST. JOHN Certified Legal Intern Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0903-CR-118

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Barbara Collins, Judge Cause No. 49F08-0809-CM-216482

September 4, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Markeyta Ross ("Ross") appeals her conviction of Disorderly Conduct, as a Class B misdemeanor. We affirm. Issue Ross raises the issue whether there was sufficient evidence that she committed Disorderly Conduct. She argues that her communications were political speech, protected by Article 1, Section 9 of the Indiana Constitution. Facts and Procedural History The following are the facts most favorable to the judgment. Four Indianapolis Metropolitan Police Department Officers were patrolling and stopped to speak with four males walking in the middle of Downey Street. Three of the males walked toward the officers' car; the fourth, Marquees Ross ("Marquees"), began walking away and then ran. Officer Chad Mann ("Officer Mann") found Marquees underneath a van in a driveway on Whittier Place; a bag of cocaine was also found under the van. While Marquees was being detained on Whittier, his mother Ross and his brother Lamarque Ross ("Lamarque") approached; each was agitated. Ross was screaming and yelling profanity

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