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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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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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