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Wednesday, April 08, 2009

Ind. Decisions - Supreme Court posts two so far today

In State of Indiana v. Adam L. Manuwal, a 4-page, 5-0 opinion, Justice Dickson writes:

Declining to apply statutes that prohibit operating a motor vehicle while intoxicated to a defendant driving a vehicle on his own private property, the trial court granted the defendant's motion to suppress evidence. We reverse and hold that Indiana Code ยงยง 9-30-5-1(b) and 9-30-5-2 apply when a motorist is driving on public or private property, including property owned by the motorist. * * *

[T]he defendant sought and the trial court ordered suppression of all evidence on grounds that the defendant's operation of his all-terrain vehicle on his own private property "did not impact the public safety and should not be subject to charges for operating while intoxicated." * * * The Court of Appeals affirmed the trial court. * * *

We reverse the trial court's order granting the defendant's motion to suppress. This cause is remanded.

In Jeffrey A. Graham v. State of Indiana, a 5-page, 5-0 opinion, Chief Justice Shepard writes:
Appellant Jeffrey A. Graham was found guilty of criminal recklessness, criminal mischief, and forcibly resisting arrest as the result of a neighborhood confrontation in which he used a shotgun against another citizen and could only be brought to heel with help from the SWAT team. We affirm his convictions and sentence, except as respects the misdemeanor of resisting. The evidence on that count demonstrates obnoxious disrespect for authority, but not the use of any force by Graham, which is what the Indiana Code requires.

Posted by Marcia Oddi on April 8, 2009 03:04 PM
Posted to Ind. Sup.Ct. Decisions