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Man still drunk despite change in public intoxication statute, COA rules

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A 2012 change in Indiana’s public intoxication statute adding a required charging element of at least harassing, annoying or alarming another person doesn’t negate a conviction for a man who the Indiana Court of Appeals ruled did at least that much.

In Christopher Naas v. State of Indiana, 49A04-1301-CR-4, the defendant argued that his Class B misdemeanor public intoxication conviction in Marion Superior Court should be tossed because there was insufficient evidence to show he was intoxicated and breached the peace and/or annoyed or alarmed another person.

Naas was among a trio of men who drove to a westside Indianapolis gas station on Sept. 20, 2012, after being involved in a traffic incident with a man and woman in another car. Police were dispatched to the station where an officer witnessed Naas “yelling and walking aggressively toward the male and female as they backed away from him and tried to ‘de-escalate the situation.’”

The officer said Naas met the traditional elements of the P.I.charge: he smelled of alcohol, was unsteady, and had slurred speech and red, watery eyes. There also was a half-empty whiskey bottle on the floorboard of his car.

“We agree that the evidence of the parties backing away is sufficient to infer that Naas alarmed them when he yelled and walked in an aggressive manner toward them,” Judge Nancy Vaidik wrote in a unanimous, six-page ruling. “Accordingly, we conclude that the evidence of intoxication and alarming others constitutes substantial evidence of probative value to support Naas’s conviction of Class B misdemeanor public intoxication.”
 

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  1. 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

  2. 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.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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