About this Event
801 N. Walnut Street Muncie, IN 47305
This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.
On August 22, 2022, Andrews police officer Austin Bullock observed Robert Lloyd Huss make a right turn without signaling and stopped Huss’s scooter. Officer Bullock called for a K9 unit, which arrived and performed an open-air sniff on the scooter, which was positive. A search of Huss’s scooter revealed items that ultimately led to charges of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 6 felony cocaine possession, Class B misdemeanor marijuana possession, and Class C misdemeanor illegal possession of paraphernalia. The State also alleged that Huss was a habitual offender. On January 12, 2023, the trial court denied Huss’s motion to suppress the evidence recovered from his scooter. On January 30, 2023, Huss moved for a continuance on the basis of newly-discovered evidence, which consisted of information that had been obtained from a fellow inmate of Huss’s at the Huntington County Jail tending to show that Huss had not knowingly or intentionally possessed the firearm found in his scooter. The trial court denied Huss’s motion. A jury found Huss guilty as charged, Huss admitted to a being a habitual offender, and the trial court sentenced Huss to an aggregate sentence of fourteen years of incarceration. Huss contends that the trial court abused its discretion in admitting evidence of the items found in his scooter because (1) Officer Bullock had lacked probable cause to stop him, (2) the K9 sniff of his scooter had occurred after the stated purpose of the stop had ceased, and (3) the totality of the circumstances of the stop had rendered it unreasonable pursuant to Article 1, Section 11, of the Indiana Constitution. Huss also contends that the trial court abused its discretion in denying his continuance motion, which had been based on newly-discovered evidence.
The scheduled panelists are Chief Judge Altice, Judge Bradford, and Judge Kenworthy.