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Tuesday, July 01, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 0 NFP)

For publication opinions today (1):

In James Brown v. State of Indiana, a 7-page opinion, Judge Baker writes:

At approximately 2:30 AM on September 2, 2013, James Brown ran into a woman on the street because he was drunk and seemingly unaware of his surroundings. In this case, we are asked to determine whether or not his actions violated the Indiana public intoxication statute.

James Brown appeals his conviction for Class B misdemeanor public intoxication.1 He contends that the evidence is insufficient to prove public intoxication because the State cannot demonstrate that he meets one of the four necessary conduct elements set forth in the statute. More specifically, he argues that he did not breach the peace and was not in imminent danger of breaching the peace. Notwithstanding his contention, the evidence demonstrates that Brown showed signs of intoxication, such as glassy and bloodshot eyes, a staggered walk, and the odor of alcohol. Moreover, he walked directly into a woman after exiting the combined entrance to Sky Bar/Caps and Dolls/Crackers Comedy Club in Indianapolis. As a result, the woman began to yell at him and attracted the attention of a nearby officer. This evidence is sufficient to prove public intoxication because Brown demonstrated signs of intoxication while he was in a public place, and he harassed, annoyed, or alarmed another person. Therefore, we affirm the judgment of the trial court.

NFP civil opinions today (0):

NFP criminal opinions today (0):

Posted by Marcia Oddi on July 1, 2014 12:13 PM
Posted to Ind. App.Ct. Decisions