They are a brief statement of the holding of the court in the matter noted. They are not to be considered headnotes or syllabi. Readers may obtain copies of an opinion from the particular county's clerk of courts. On an appeal by the State from a successful motion to suppress evidence, the trial court correctly found that repeated spoken commands by a police officer to the defendant constituted a seizure and was done without reasonable, articulable suspicion that criminal activity was going on. Judgment suppressing evidence is affirmed and the case is remanded.
Credibility is for the trier of the facts.
The choice of the trial court as to which witnesses to believe will not be disturbed on appeal. The trial court did not abuse its discretion in affirming a decision by the German Township Board of Zoning Appeals. Record reveals no meritorious issues for appellate review. Robert Go, et al. Trial court should have reviewed BZA's denial of application for area variance in light of supreme court's holding that only practical difficulties, and not unnecessary hardship, must be shown to justify granting of such a variance.