Justice argues majority opinion does not give clear guidance going forward

Back to TopCommentsE-mailPrintBookmark and Share

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.”


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...