McCloud v. State - 9/26/14

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Friday  September 26, 2014 
1:00 PM  EST

1 p.m. 48A02-1312-CR-1056. Wayne High School, Fort Wayne. On Feb. 25, 2013, Officers Frazier and Boynton of the Anderson Police Department approached three men in a driveway to ask them if they knew of a man the police were searching for. The police believed that this man might be in the apartment complex across the street, an area known for its high drug activity. When the police approached the men, one of them, Marquise McCloud, recognized Officer Frazier and stated aloud, “Damn, Frazier.” Frazier also recognized McCloud as the man he had arrested three days earlier after McCloud had hidden marijuana and a handgun in the attic of a house. McCloud ducked behind a car in the driveway and began to attempt to pull something out of his coat pocket. Concerned that McCloud might be armed, Frazier drew his weapon and ordered McCloud to show his hands.  McCloud initially refused to comply, but eventually raised his hands.  Frazier performed a pat-down on McCloud and felt a large, hard object in McCloud’s front coat pocket, which he believed might be a knife. Upon emptying the contents of McCloud’s pockets, Frazier discovered a plastic bag containing cocaine.
The State charged McCloud with Class A felony dealing in cocaine and Class A felony possession of cocaine within 1,000 feet of a family housing complex.  The trial court denied McCloud’s motion to suppress the evidence found in the pat-down search, and the jury found McCloud not guilty of dealing in cocaine but guilty of possession of cocaine. The trial court sentenced McCloud to 40 years, with 33 years executed, two years on community corrections, and three years probation.
McCloud argues on appeal that: (1) the admission of the evidence seized during the pat-down search was fundamental error because Frazier did not have reasonable suspicion to believe that McCloud was armed; (2) that the trial court abused its discretion in sentencing McCloud; and (3) that McCloud’s sentence is inappropriate in light of the nature of the offense and the character of the offender.

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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