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Justice argues majority opinion does not give clear guidance going forward

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The Indiana Supreme Court by a vote of 3-2 upheld a man’s Class B misdemeanor public intoxication conviction, with the dissenting justices concerned that the majority opinion “muddies the judicial water.”

Tin Thang was arrested in December 2012 on suspicion of public intox after an officer observed in him a gas station smelling of alcohol with bloodshot eyes. A car was in the station lot that was not there when the officer entered the gas station, and inside was only Thang, the officer and the attendant. The keys to the car were found on Thang and the car belonged to him.

Thang does not dispute that he was intoxicated in a public place, but he argued that there was insufficient evidence to prove beyond a reasonable doubt that he endangered himself or anyone else. The justices granted transfer to address whether the proof of the endangerment element outlined in the statute for Class B misdemeanor public intox can be established by reasonable inferences drawn from the evidence. The justices answered that in the affirmative.

The majority opinion, authored by Chief Justice Brent Dickson, rejected Thang’s argument that Moore v. State, 634 N.E. 2d 825 (Ind. Ct. App. 1994), prohibits a fact-finder from drawing an inference from circumstantial evidence that a defendant was not on a public street.

“In the present case, the undisputed evidence established the sudden presence of the defendant and his vehicle at a gas station, his intoxication, his possession of the car keys, and the absence of any other persons, thus necessitating removal of the car by towing. From these facts, it is a reasonable inference that the defendant had arrived at the gas station by driving his automobile on the public streets while intoxicated, thereby endangering his or another person’s life,” Dickson wrote in Tin Thang v. State of Indiana, 49S04-1402-CR-72.  

In his dissent, Justice Steven David agreed that reasonable inferences drawn from the evidence could lead a reasonable fact-finder to conclude that Thang drove his car to the gas station on a public street.

“But because I believe the relevant criminal statute requires the State to prove more than just this, and because I feel that it failed to do so, I cannot join the majority,” he wrote, keying in the words “thereby endangering his or another person’s life” written in I.C. 7.1-5-1-3(a). Justice Robert Rucker joined David’s dissent.

Thang arrived at the gas station somehow, but did he drive safely and obey the traffic laws, David questioned, or did he swerve across a fog line or nearly drive into a telephone pole?

“The decision today effectively vitiates the endangerment element from the public intoxication statute under these circumstances, as the State need no longer present any evidence beyond the fact of the defendant’s intoxicated driving of a vehicle. Thang v. State will be the guidepost that affirms all such convictions on sufficient review.”
 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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