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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. 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.

  4. 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???

  5. 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?

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