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Justices to decide if defendant was ‘annoying’

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The Indiana Supreme Court will decide whether the portion of the public intoxication statute enacted two years ago that uses the term “annoys” is void for vagueness, as the Indiana Court of Appeals held earlier this year.

In February, the COA reversed Rodregus Morgan’s public intoxication conviction, which was based on annoying behavior. Morgan appeared intoxicated at an Indianapolis bus stop and was arrested by an officer, who identified his behavior as “annoying.”

The appellate judges found the challenged portion of I.C. 7.1-5-1-3, the public intoxication statute, to be unconstitutionally vague.

“Namely, the statute neither requires that a defendant have specifically intended to annoy another, nor does it employ an objective standard to assess whether a defendant’s conduct would be annoying to a reasonable person,” Judge Patricia Riley wrote. “Furthermore, the statute does not mandate that the defendant have been first warned that his behavior was considered annoying conduct. Instead, this section of the statute enables arbitrary and discriminatory enforcement because the illegality of any conduct — no matter how trivial or how substantial — is based solely on the subjective feelings of a particular person at any given time,” Judge Patricia Riley wrote for the panel.

Rodregus Morgan v. State of Indiana, 49S02-1405-CR-325, was the only case the justices accepted on transfer last week. They denied transfer to 15 cases, including Mark S. Weinberger, M.D. v. Estate of Phyllis R. Barnes, Deceased, By Peggy Hood as Personal Representative, Joe Clinkenbeard, P.A., et al., 45A04-1107-CT-369, in which the Indiana Court of Appeals denied the state’s motion to intervene in a settlement reached between former doctor Mark Weinberger and the estate of former patient Phyllis Barnes.

The justices also decided 3-2 to vacate their previous grant of transfer to Curtis F. Sample Jr. v. State of Indiana, 45S03-1401-CR-11.  In a not-for-publication decision Sept. 19, 2013, the Court of Appeals affirmed the trial court finding of being a habitual offender on remand from the Supreme Court. Chief Justice Brent Dickson and Justice Robert Rucker voted to keep the case on the Supreme Court’s docket.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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