Legal Opinion

Michael Day v. State of Indiana

Indiana Supreme Court

Decided August 29, 2016No. 24S05-1606-CR-358PublishedCited by 65 opinions

1Opinion of the Court

RUSH, Chief Justice.

As Michael Day’s marriage dissolved, the family home became increasingly tense, until one night Day came home, screamed in his wife’s face, and spat in her eye. Four 911 calls later, Day was arrested. He was subsequently convicted of disorderly conduct based on “fighting.” Here, he asks us to interpret the disorderly conduct statute’s “fighting” subsection to require both a public disturbance and a physical altercation, claiming the State failed to prove either element.

Guided by well-established principles of statutory interpretation, we conclude that the “fighting”…

2Cases cited16 opinions

  1. Dole v. United SteelworkersSupreme Court of the United States · 1990
  2. State v. IndrisanoSupreme Court of Connecticut · 1994
  3. Meredith v. StateIndiana Supreme Court · 2009
  4. University of Southern Indiana Foundation v. BakerIndiana Supreme Court · 2006
  5. Whittington v. StateIndiana Supreme Court · 1996

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

3Cited by65 opinions

  1. ESPN, Inc. and Paula Lavigne v. University of Notre Dame Police DepartmentIndiana Supreme Court · 2016
  2. Indiana Alcohol and Tobacco Commission v. Spirited Sales, LLCIndiana Supreme Court · 2017
  3. John E. Moriarity and Mae E. Moriarity v. Indiana Department of Natural ResourcesIndiana Supreme Court · 2019
  4. State of Indiana v. David BrownIndiana Supreme Court · 2017
  5. In the Matter of the Supervised Estate of Gary D. Kent John David Kent and Kevin Kent, as Co-Personal Representatives of the Estate of Gary D. Kent Nicholas Kent and David Kent v. Cynthia KerrIndiana Supreme Court · 2018

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API