Whatley v. State

Notwithstanding my concurrence in Atkins v. State (1983) Ind.App., 451 N.E.2d 55, I am somewhat troubled by the extension of the public intoxication definition of “public place” to the public indecency statute. It appears that our past decisions in the public intoxication context have been driven by policy considerations. However, as noted by the majority, a public place must be accessible to the public, and I find it difficult to accept the *69premise that the inside of a closed vehicle traveling upon the highway is accessible to members of the public. Be that as it may, while I may at this…