Legal Opinion

Baran v. State

Indiana Supreme Court

Decided September 1, 1994No. 49S05-9409-CR-828PublishedCited by 37 opinions

1Opinion of the Court

ON PETITION TRANSFER

SULLIVAN, Justice.

Following a bench trial, James S. Baran was convicted of operating a vehicle with 10%, or more by weight of alcohol in the blood, a class C misdemeanor.1 Baran was sentenced to 60 days; the sentence was suspended. Baran was found not guilty of driving while intoxicated.2

A majority of the Court of Appeals' Fifth District reversed the conviction on the grounds there was insufficient evidence that the result of the breath test was expressed as a percentage by weight in the blood. Baran v. State (1993), Ind.App., 622 N.E.2d 1326 (2-1 decision, Rucker, J.,…

2Cases cited28 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  3. Patterson v. StateIndiana Supreme Court · 1975
  4. Modesitt v. StateIndiana Supreme Court · 1991
  5. Luckett v. StateIndiana Supreme Court · 1972

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

3Cited by37 opinions

  1. Lampkins v. StateIndiana Supreme Court · 1997
  2. Hardister v. StateIndiana Supreme Court · 2006
  3. Adam Horton v. State of IndianaIndiana Supreme Court · 2016
  4. State v. StraubIndiana Court of Appeals · 2001
  5. Bogetti v. StateIndiana Court of Appeals · 2000

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

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