Legal Opinion

Spaulding v. State

Indiana Court of Appeals

Decided February 2, 1989No. 47A01-8804-CR-111PublishedCited by 17 opinions

1Opinion of the Court

ROBERTSON, Judge.

James L. Spaulding appeals his convictions of two counts of driving while intoxicated resulting in death, Class C felonies, and one count of driving while intoxicated resulting in serious bodily injury, a Class D felony.

We affirm in part and reverse in part.

I

Spaulding argues the evidence is insufficient to support his convictions in two respects: to show he was intoxicated and to show he was driving the vehicle at the time of the collision.1 He maintains the evidence is insufficient to show he was intoxicated because the State failed to offer objective evidence of his…

Also in this document: Concurrence.

2Cases cited35 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Ashe v. SwensonSupreme Court of the United States · 1970
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Albernaz v. United StatesSupreme Court of the United States · 1981

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

3Cited by17 opinions

  1. Mitchell v. StateIndiana Supreme Court · 2000
  2. Harrington v. StateIndiana Supreme Court · 1992
  3. Regan v. StateIndiana Court of Appeals · 1992
  4. Mehidal v. StateIndiana Court of Appeals · 1993
  5. Noble v. StateIndiana Supreme Court · 2000

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

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