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Change in state statute gets public intoxication conviction overturned

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Although the evidence showed the man was intoxicated in public, the Indiana Court of Appeals overturned his conviction because he was not a threat to public safety.

 The Court of Appeals pointed to Indiana Code 7.1-5-1-3(a) which was amended to define the elements of a Class B misdemeanor public intoxication. Namely, the drunken individual must be either endangering his or her own life or the life of another person; or breaching or about to breach the peace; or harassing, annoying or alarming another person.

In Danny Stephens v. State of Indiana, 49A04-1301-CR-18, the COA reversed the trial court, finding the evidence was insufficient to support Stephens’ conviction for public intoxication since he was not a posing a danger, nor was he being loud or harassing others.  

 “Notably, the General Assembly added these elements to the public intoxication statute in 2012, making it no longer a crime simply to be intoxicated in public,” Judge Terry Crone wrote. “The addition of these elements promotes public policy encouraging inebriated persons to avoid creating dangerous situations by walking, catching a cab, or riding home with a designated driver rather than driving while intoxicated. Because the amendment became effective July 2012, we have little precedent concerning the new language.”

Stephens was arrested for public intoxication after he called Indianapolis Metropolitan Police and asked them to take him to jail. He did not want to return to his home for fear his niece’s boyfriend would harm him.

The Court of Appeals found that Stephens was asking for help when he walked to a public place, called police and told them he was drunk. While he was drunk in a public parking lot, he did not violate the statute by breaching the peace.



 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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