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Judges disagree on public intox conviction

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The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.

In Melissa Christian v. State of Indiana, No. 49A02-0803-CR-272, Court of Appeals Chief Judge John Baker and Judge Elaine Brown reversed Melissa Christian's conviction of public intoxication, citing insufficient evidence. Police found Christian attempting to unlock a car with the wrong key in the driveway of her friend's house.

Christian only appealed the determination that she was located in a public place when arrested. The state described the driveway as "an area that people in the neighborhood area use to park" but the evidence presented at trial doesn't support the claims, wrote Judge Brown. The state presented no evidence the parking area was used by the public in general rather than just by the residents nearby.

Citing previous caselaw on the reversal of public intoxication convictions, the majority reversed Christian's conviction for insufficient evidence.

Judge Paul Mathias dissented, writing that the appellate court's role is not to reweigh the credibility of the witnesses and their testimony. Christian argued the area she was at was a driveway but police testified it wasn't a driveway, but more of a parking area off the street where people can pull in and park perpendicular to the flow of traffic.

In the cases the majority cited, the defendants were asleep in a vehicle in either a private driveway or private lane, but in this case, Christian was standing outside of her vehicle in a parking area accessible to the neighboring public, the judge wrote.

Judge Mathias also wrote that if the majority's definition of a public place becomes law, it would be difficult to distinguish why an apartment complex parking lot or common parking area of a condominium complex would be a "public place," which can't be the intent of the law.

"Perhaps we might have made a different arresting decision than Officer Siefker, or come to a different conclusion than Judge Collins; perhaps not. But that is not our standard of review. Our constitutional role is to determine whether a reasonable trier of fact could conclude that Christian was guilty of public intoxication beyond a reasonable doubt," he wrote. "We are not permitted to reweigh the evidence or substitute our judgment for that of Officer Siefker or the trier of fact, Judge Collins."

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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