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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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