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Supreme Court takes public intoxication case

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The Indiana Supreme Court will rule on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car. This issue divided the Indiana Court of Appeals, which reversed Brenda Moore’s conviction.

The justices accepted the case, Brenda Moore v. State of Indiana, No. 49S04-1101-CR-24. The majority on the Court of Appeals used Miles v. State, 247 Ind. 423, 425 216 N.E.2d 847, 849 (1966) to support their decision. Moore’s friend was driving Moore’s car because he needed to go somewhere and Moore was too drunk to drive. He was driving with Moore in the front seat. Police pulled over the car for a non-working license plate light. The friend didn’t have a valid license and Moore admitted she couldn’t drive because she was drunk.

The majority found the facts of the instant case to be different from Miles, in which a truck diver was slumped over his steering wheel in his running tractor-trailer cab parked on the side of a highway. That driver was considered to be drunk in public for purposes of the statute.

Judge Margret Robb also wrote that the purpose of the statute is to prevent intoxicated people from threatening the safety of others and under the circumstances of this case, Moore wasn’t intoxicated in a public place within the meaning of Indiana Code Section 7.1-5-1-3. Judge Nancy Vaidik dissented, believing it’s up to legislature to address this issue.

The justices denied transfer to 16 cases for the week ending Jan. 14, including Lawane Chaney, et al. v. Clarian Health Partners, Inc., No. 49A05-0905-CV-263. In that not-for-publication decision, Ronald Weldy, the former counsel for Lawane Chaney, appealed the sanctions imposed against him under Indiana Trial Rule 37 as purported class counsel. The Court of Appeals affirmed there was a legal basis for the sanction imposed.

According to the docket, Chief Justice Randall T. Shepard and Justice Steven David would also consider a petition for damages, including attorney fees, pursuant to Appellate Rule 66(E).

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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