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Justices reinstate conviction divided COA reversed

August 5, 2016

The Indiana Supreme Court on Thursday affirmed a man’s misdemeanor failure to identify conviction that had been reversed by a divided panel of the Court of Appeals.

Justices reinstated the Class C misdemeanor conviction and $100 fine imposed on Corey T. Weaver, who initially refused to give his name or date of birth when an officer stopped him for an inoperable license plate light. Weaver couldn’t produce a license and initially identified himself as “Mr. Weaver,” but he refused to provide his first name or date of birth. Weaver eventually provided the information after about 16 minutes of questioning. He was convicted in a Hendricks County bench trial.

“We agree with Judge Altice that the evidence was sufficient to support Weaver’s conviction under Indiana Code section 34-28-5-3.5,” justices wrote in a two-page per curiam decision affirming the trial court.

Judge Paul Mathias wrote the majority Court of Appeals opinion joined by Judge James Kirsch that would have reversed the conviction. While calling Weaver’s conduct reprehensible, the majority reversed because his eventual cooperation meant that state failed to meet its burden of proving Weaver refused to provide his mane, address and date of birth.
    
 

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