Battle v. Cooper, et al.
| Docket Number: | 2010-CP-00530-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-30-2011 Opinion Author: Barnes, J. Holding: Appeal dismissed |
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| Additional Case Information: |
Topic: Probable cause to issue arrest warrants - Unappealable order - Timeliness of appeal - M.R.A.P. 4(a) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Russell, JJ. Non Participating Judge(s): Maxwell, J. Procedural History: Dismissal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 04-09-2009 Appealed from: Sunflower County Circuit Court Judge: Margaret Carey-McCray Disposition: DISMISSAL AS NO PROBABLE CAUSE EXISTED TO CHARGE POLICE OFFICERS WITH ASSAULT Case Number: 2009-0042-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Aundre Battle |
PRO SE |
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| Appellee: | Tony Cooper, Todd Hudson and City of Indianola, Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA L. BLOUNT |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Probable cause to issue arrest warrants - Unappealable order - Timeliness of appeal - M.R.A.P. 4(a) |
| Summary of the Facts: | After being stopped by the Indianola Police Department for suspicion of dealing illegal narcotics, Aundre Battle resisted arrest and appeared to swallow what police believed to be contraband. Other illegal narcotics were found on the scene, along with a firearm. Battle was taken into custody, and after a more thorough search, Battle again became combative and swallowed something hidden on his person. Battle requested medical attention and was taken to a local hospital, where he was examined and quickly released back into custody. Battle filed a complaint with the Indianola Police Department, alleging simple assault against two of the arresting officers, Officer Tony Cooper and Officer Todd Hudson. After a hearing on the complaint, the circuit court judge found no probable cause existed to issue warrants for the arrest of the two officers for assault. Battle appeals. |
| Summary of Opinion Analysis: | Battle argues that the police lacked probable cause to detain him and that the circuit court erred in finding that no probable cause existed to issue arrest warrants against Officers Cooper and Hudson. Battle is attempting to appeal from an unappealable order. Battle is not a criminal defendant appealing his judgment of conviction. Rather, Battle is appealing the circuit court’s ruling that no probable cause existed to issue arrest warrants against Officers Cooper and Hudson. Therefore, Battle’s appeal is not properly before the court. In the event that the order was appealable, Battle failed to submit a timely appeal as required by M.R.A.P. 4(a). The circuit court’s orders were filed on May 1, 2009; however, Battle’s notice of appeal was not filed until March 30, 2010. |
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