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Supreme Court takes public intoxication case

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The Indiana Supreme Court will rule on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car. This issue divided the Indiana Court of Appeals, which reversed Brenda Moore’s conviction.

The justices accepted the case, Brenda Moore v. State of Indiana, No. 49S04-1101-CR-24. The majority on the Court of Appeals used Miles v. State, 247 Ind. 423, 425 216 N.E.2d 847, 849 (1966) to support their decision. Moore’s friend was driving Moore’s car because he needed to go somewhere and Moore was too drunk to drive. He was driving with Moore in the front seat. Police pulled over the car for a non-working license plate light. The friend didn’t have a valid license and Moore admitted she couldn’t drive because she was drunk.

The majority found the facts of the instant case to be different from Miles, in which a truck diver was slumped over his steering wheel in his running tractor-trailer cab parked on the side of a highway. That driver was considered to be drunk in public for purposes of the statute.

Judge Margret Robb also wrote that the purpose of the statute is to prevent intoxicated people from threatening the safety of others and under the circumstances of this case, Moore wasn’t intoxicated in a public place within the meaning of Indiana Code Section 7.1-5-1-3. Judge Nancy Vaidik dissented, believing it’s up to legislature to address this issue.

The justices denied transfer to 16 cases for the week ending Jan. 14, including Lawane Chaney, et al. v. Clarian Health Partners, Inc., No. 49A05-0905-CV-263. In that not-for-publication decision, Ronald Weldy, the former counsel for Lawane Chaney, appealed the sanctions imposed against him under Indiana Trial Rule 37 as purported class counsel. The Court of Appeals affirmed there was a legal basis for the sanction imposed.

According to the docket, Chief Justice Randall T. Shepard and Justice Steven David would also consider a petition for damages, including attorney fees, pursuant to Appellate Rule 66(E).

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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