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Thursday, August 04, 2016

Ind. Decisions - Supreme Court decides one today, re a refusal-to-identify conviction

In Corey T. Weaver v. State of Indiana, a 2-page, 5-0, per curiam opinion, the Court writes:

A majority of the Court of Appeals reversed Defendant Corey T. Weaver’s conviction for refusing to identify himself to a law enforcement official, finding insufficient evidence to support the conviction. We agree with the dissenting opinion that the evidence was sufficient, and therefore grant transfer and affirm the trial court. * * *

After a bench trial he was convicted as charged, and the trial court imposed a $100 fine for the refusal-to-identify conviction. A majority of the Court of Appeals reversed, finding insufficient evidence that Weaver violated the statute. Weaver v. State, 53 N.E.3d 1225 (Ind. Ct. App. 2016). Judge Altice dissented, and would have affirmed the trial court. Id. at 1229.

We agree with Judge Altice that the evidence was sufficient to support Weaver’s conviction under Indiana Code section 34-28-5-3.5. Accordingly, we grant transfer, see Ind. Appellate Rule 58(A), and affirm the judgment of the trial court.

Posted by Marcia Oddi on August 4, 2016 05:04 PM
Posted to Ind. Sup.Ct. Decisions