Legal Opinion
Ham v. State
Indiana Supreme Court
Decided May 3, 2005No. 70S01-0409-CR-432PublishedCited by 22 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
There is a division of authority in Indiana concerning whether it is proper to instruct a jury that it may consider a driver’s refusal to submit to a chemical test as evidence of intoxication. We hold that lawyers may argue to jurors that this is so, and jurors may agree or disagree, but that courts should not so instruct.
Facts and Procedural -History
During routine patrol in Rushville on January 18, 2002, Officer Brad Hatfield spotted Kimberly Ham driving a car left of the centerline. He followed her, observed her drift left of center three more times, and then pulled…
2Cases cited9 opinions
- Dill v. StateIndiana Supreme Court · 2001
- Ludy v. StateIndiana Supreme Court · 2003
- Carter v. StateIndiana Supreme Court · 2002
- Schmidt v. StateIndiana Court of Appeals · 2004
- Fehlman v. StateIndiana Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gravens v. StateIndiana Court of Appeals · 2005
- Collins v. StateIndiana Court of Appeals · 2012
- Ryan Shelby v. State of IndianaIndiana Court of Appeals · 2013
- Newbill v. StateIndiana Court of Appeals · 2008
- Koch v. StateIndiana Court of Appeals · 2011
17 more not listed; retrieve them via the Exa API.