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Argumentative passenger’s public intoxication conviction reversed

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A passenger in a car that a police officer stopped after seeing an arm and object hanging out of the car window, followed by the sound of shattering glass, was improperly convicted of public intoxication, the Indiana Court of Appeals ruled Monday.

The PI statute was revised in 2012 to require conduct elements along with intoxication for a conviction. The appeals court found former Marion Superior Judge Kimberly Brown erred in convicting Colton Milam of the Class B misdemeanor after a bench trial.

Milam argued with an officer and another passenger after acknowledging to the officer that he and another passenger had been drinking. Milam contended a bottle had been thrown from another vehicle, according to the record, and the officer said Milam profanely told his fellow passenger to tell the truth.

The officer later described Milam as loud, boisterous and uncooperative. He had removed Milam from the car and handcuffed him, contending the passenger was interfering with his investigation.

“Milam concedes that he was intoxicated in a public place. We believe, however, that reversing Milam’s conviction in this case is consistent with the purpose and spirit of the current public intoxication statute,” Judge Michael Barnes wrote for the panel in Colton Milam v. State of Indiana, 49A02-1312-CR-998.
 
“Prior to Milam’s arrest there is no evidence to indicate that Milam endangered his life or the life of another or disturbed the peace. The trial court declined to determine who threw the bottle from the window and found that it was immaterial to the decision,” Barnes wrote.

“Prosecuting and convicting Milam for being intoxicated, in a pulled-over car, while arguing with (the other passenger and officer) does not reach the level of disturbing the peace, harassment, annoyance, or alarm, and therefore does not meet the requirements of the public intoxication statute,” the panel concluded.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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