Legal Opinion

David Holbert v. State of Indiana

Indiana Court of Appeals

Decided October 8, 2013No. 49A05-1302-CR-54PublishedCited by 15 opinions

1Opinion of the Court

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

David Holbert appeals his convictions for possession of marijuana, as a Class A misdemeanor, and public intoxication, as a Class B misdemeanor, following a bench trial. Holbert raises the following two issues for our review:

1. Whether the State violated Holbert’s rights under the Fourth Amendment to the United States Constitution or Article I, Section 11 of the Indiana Constitution when it stopped him and searched his person; and

2. Whether the State presented sufficient evidence to support his conviction for public intoxication.

We affirm in part and…

2Cases cited20 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. SokolowSupreme Court of the United States · 1989
  3. Minnesota v. DickersonSupreme Court of the United States · 1993
  4. Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty.Supreme Court of the United States · 2004
  5. Jones v. StateIndiana Supreme Court · 2003

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3Cited by15 opinions

  1. David Sesay v. State of IndianaIndiana Court of Appeals · 2014
  2. Colton Milam v. State of IndianaIndiana Court of Appeals · 2014
  3. Tin Thang v. State of IndianaIndiana Court of Appeals · 2013
  4. D.Y. v. State of IndianaIndiana Court of Appeals · 2015
  5. Rodregus Morgan v. State of IndianaIndiana Court of Appeals · 2014

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