Mullins v. Birchfield

Although the majority reaches the correct decision in this case, I find that this case, which presents us with an issue which has not been previously unanimously resolved by this court, merits more than a cursory analysis of the underlying rationale for the decision. 1

In Mullins v. Rower (Mar. 20, 1991), Allen App. No. 1-90-16, unreported, 1991 WL 44174, Mullins, the same plaintiff herein, asserted claims based on alleged violations of both state and federal law. Although we affirmed the trial court’s dismissal of the plaintiff’s complaint, Mullins’s federal claims were dismissed, on the…