Hearing in Mark Sanchez criminal case delayed until 2027 with new judge
A Marion Superior Court hearing scheduled for Nov. 9 was rescheduled for after a judge assigned to the case, Helen W. Marchal, recused herself.
Public Intoxication
Articles
Man found staggering in road loses public intoxication appeal
A man arrested after being found stumbling in the middle of the road could not convince a panel of the Indiana Court of Appeals that there was insufficient evidence to support his public intoxication conviction.
Investigation underway after man dies at Wayne Co. jail
Indiana authorities are investigating the death of a man being held at a county jail on Saturday. Wayne County Sheriff Randy Retter said in a news release that 57-year-old Dean Lamb collapsed Saturday afternoon in the jail.
Lack of endangerment reverses public intoxication conviction
A man’s public intoxication conviction has been reversed after he successfully argued to the Indiana Court of Appeals that his life was not endangered by being drunk next to an Indianapolis street.
Flight attendant agrees to undergo alcohol abuse counseling
A flight attendant charged with public intoxication after passengers on a Chicago-to-South Bend flight noticed her inebriation has agreed to undergo alcohol abuse counseling. Julianne March of Waukesha, Wisconsin, reached a pretrial diversion agreement that includes alcohol abuse evaluation and counseling during her Aug. 29 initial hearing.
Attendant removed from South Bend flight charged with intoxication
A flight attendant on a Chicago-to-South Bend flight has been charged with public intoxication. Forty-nine-year-old Julianne March of Waukesha, Wisconsin, faces an Aug. 29 initial hearing after being charged Thursday.
Winning briefs: Conviction reversed for man found in underwear
A Knox County man convicted of public intoxication after being found in public wearing only underwear has won his appeal after the Indiana Court of Appeals found insufficient evidence to support the Class B misdemeanor.
COA finds man was in ‘imminent danger of breaching the peace’
The Indiana Court of Appeals has affirmed a Clark County man’s conviction of public intoxication after determining there was sufficient evidence to infer the man was in imminent danger of breaching the peace.
COA: Illinois and Indiana aggravated battery statutes not substantially similar
The Indiana Court of Appeals has reversed a man’s felony conviction of unlawful possession of a firearm by a serious violent felon after determining the Illinois aggravated battery statute used to establish the man as a serious violent felon is not substantially similar to the same statute in Indiana.
Evidence found during arrest for public intox is admissible, COA rules
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
Court says children were endangered by public intoxication
The Indiana Court of Appeals affirmed a man’s conviction of public intoxication that endangers a person after he claimed he did not endanger anyone, despite being drunk and having a bow and arrow by his side.
Man’s appellate arguments challenging misdemeanor convictions waived
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
Public intoxication statute constitutional, but ‘annoying’ man’s conviction vacated
The Indiana Supreme Court vacated a man’s public intoxication conviction after finding his agitation does not rise to the level that would annoy a reasonable person. But the justices did find that the statute is not unconstitutionally vague.
Line blurs on intoxication
Convictions for public intoxication don’t just require being pickled in public anymore. An inebriated person now has to do something else, but conduct elements added to the criminal statute in 2012 have blurred what constitutes a misdemeanor.
COA re-evaluates public intox opinion in light of Thang, but still affirms
An Indiana Supreme Court decision regarding public intoxication has impacted a decision issued by the Court of Appeals three weeks earlier, but the judges still concluded a woman’s public intoxication conviction cannot stand.
Argumentative passenger’s public intoxication conviction reversed
A passenger in a car that a police officer stopped after seeing an arm and object hanging out of the car window, followed by the sound of shattering glass, was improperly convicted of public intoxication, the Indiana Court of Appeals ruled Monday.
COA reverses public intox conviction based on potential danger
The state’s claim that a man’s public intoxication conviction should stand because of possible danger he faced if he left an apartment complex while intoxicated was rejected by the Indiana Court of Appeals Thursday because the argument was merely speculative.
Drunk man who ran into woman rightfully convicted
The Indiana Court of Appeals Tuesday affirmed the public intoxication conviction of a man who showed signs of being drunk and walked into a woman as he left an Indianapolis nightclub, prompting a response from nearby police.
Justice argues majority opinion does not give clear guidance going forward
The Indiana Supreme Court by a vote of 3-2 upheld a man’s Class B misdemeanor public intoxication conviction, with the dissenting justices concerned that the majority opinion “muddies the judicial water.”
Justices to decide if defendant was ‘annoying’
The Indiana Supreme Court will decide whether the portion of the public intoxication statute enacted two years ago that uses the term “annoys” is void for vagueness, as the Indiana Court of Appeals held earlier this year.