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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. 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.

  2. 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???

  3. 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?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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