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Man who sped through construction zone loses appeal

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A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.

After Kevin Mamon was stopped, Indiana State Police trooper Matthew Wilson said he appeared intoxicated and produced an ID card when asked for his license. As the trooper was verifying that Mamon had a suspended license, Mamon exited his Jeep and began walking along the side of the road, according to the record.

Wilson repeatedly ordered Mamon back in his vehicle, and after he ultimately complied, he sped away, driving up to 80 mph through the work zone, “running people off the road,” and forcing the trooper to end pursuit because of the danger. Mamon was arrested by other troopers.

Mamon appealed his conviction of Class D felony resisting law enforcement, Class A misdemeanor criminal recklessness and Class B misdemeanor reckless driving and enhancement for being a habitual offender. He had failed to preserve an objection to admission of evidence, so he asked the panel to find fundamental error.

The panel declined, relying on Brown v. State, 929 N.E.2d 204, 207 (Ind. 2010).

“(W)here there is ‘no claim of fabrication of evidence or willful malfeasance on the part of the investigating officers and no contention that the evidence is not what it appears to be,’ the claimed error in admission is not fundamental,” Senior Judge Randall Shepard wrote in Kevin J. Mamon v. State of Indiana, 30A01-1301-CR-47.

“In the current case, as in Brown, there is no claim of evidence fabrication or willful malfeasance on the part of law enforcement. To the contrary, Mamon argues Wilson merely misunderstood the law governing tailgating. Mamon does not dispute the truth of Wilson’s testimony and related exhibits. Like the Supreme Court in Brown, we see no grounds for reversal.”

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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