Legal Opinion

D.W. v. State

Indiana Court of Appeals

Decided February 17, 2009No. 49A02-0807-JV-624PublishedCited by 17 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge.

D.W. appeals from an adjudication of delinquency based upon a true finding of resisting law enforcement,1 a delinquent act that would be a Class A misdemeanor if committed by an adult. D.W. presents the following issue for our review: whether the "fleeing" element of resisting law enforcement is satisfied where the defendant lunges toward and runs at a police officer.

We affirm.

FACTS AND PROCEDURAL HISTORY

On March 6, 2008, Indianapolis Metropolitan Police Department Officer Brian Schemenaur was dispatched to an apartment complex on the report of a burglary in progress.…

2Cases cited3 opinions

  1. Wellman v. StateIndiana Court of Appeals · 1998
  2. K.D. v. StateIndiana Court of Appeals · 2001
  3. J.D.P. v. StateIndiana Court of Appeals · 2006

3Cited by17 opinions

  1. A.D. v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018
  2. A.W. v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2020
  3. D.G. v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018
  4. D.H. v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017
  5. DW v. StateIndiana Court of Appeals · 2009

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