Benham v. State of Indiana

ON PETITION TO TRANSFER

DICKSON, Justice.

This interlocutory appeal challenges the trial court’s denial of defendant Robert K. Benham’s motion to dismiss criminal charges arising from a double-fatality boating incident on the Ohio River. The Court of Appeals affirmed the denial, concluding that “Indiana may enforce its laws on the Ohio River from the Indiana shore to the Kentucky shore.” Benham v. State (1993), Ind. App., 622 N.E.2d 982, 987.

On August 8, 1991, the defendant and two other persons fell into the Ohio River near the Kentucky shore when their pontoon boat capsized. Two of the three…