Legal Opinion · Dissent

Tin Thang v. State of Indiana

Indiana Supreme Court

Decided June 27, 2014No. 49S04-1402-CR-72Published

1DissentDavid, Justice

It is undisputed that the evidence presented at Thang’s trial was sufficient to show that he was intoxicated. And I can agree with my colleagues that reasonable inferences drawn from the evidence could lead a reasonable fact-finder to conclude that Thang drove his vehicle to the gas station — and, presumably, drove on a public street in doing so. For that matter, I concur in the majority’s interpretation of Moore. But because I believe the relevant criminal statute requires the State to prove more than just this, and because I feel it failed to do so, I cannot join the majority.

Thang was…

2Cases cited9 opinions

  1. Elmer J. Bailey v. State of IndianaIndiana Supreme Court · 2012
  2. Sanders v. StateIndiana Supreme Court · 1984
  3. Sales v. StateIndiana Supreme Court · 2000
  4. Outlaw v. StateIndiana Court of Appeals · 2009
  5. Vanderlinden v. StateIndiana Court of Appeals · 2009

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