Demetrius Walker v. State of Indiana

DAVID, Justice.

Just because an individual refuses to comply with a police officer's order does not necessarily subject that individual to criminal liability under Indiana's resisting law enforcement statute. The individual must "forcibly" resist the officer's lawful execution of his or her duties. But in this case the defendant refused repeated orders to lay down on the ground and advanced aggressively, with his fists clenched, to within a few feet of the police officer issuing the orders before ultimately being tased. We find this conduct was sufficient to support his conviction for…