Legal Opinion

Temperly v. State

Indiana Court of Appeals

Decided September 9, 2010No. 49A02-1001-CR-52PublishedCited by 14 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge.

Thomas C. Temperly was convicted after a bench trial of operating while intoxicated 1 ("OWI") as a Class A misdemeanor. He appeals, raising several issues, which we consolidate and restate as:

I. Whether the sanctions imposed by Indiana Code section 9-80-7-8 required Temperly to consent to a chemical test in the absence of probable cause;

II. Whether Temperly's blood test results obtained under Indiana Code section 9-30-7-3 were admissible in a criminal prosecution under Indiana Code chapter 9-80-5; and

III. Whether sufficient evidence was presented to support Temperly's…

2Cases cited18 opinions

  1. Drane v. StateIndiana Supreme Court · 2007
  2. Litchfield v. StateIndiana Supreme Court · 2005
  3. Krise v. StateIndiana Supreme Court · 2001
  4. Halsema v. StateIndiana Supreme Court · 2005
  5. Green v. StateIndiana Supreme Court · 2006

13 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Morgan Mannix v. State of IndianaIndiana Court of Appeals · 2016
  2. State of Indiana v. David BisardIndiana Court of Appeals · 2012
  3. Heath Poortenga v. State of IndianaIndiana Court of Appeals · 2018
  4. Calvin Cole v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017
  5. Charlton Jones v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2020

9 more not listed; retrieve them via the Exa API.

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