Legal Opinion

Leshore v. State

Indiana Supreme Court

Decided September 13, 2001No. 02S03-0101-CR-69PublishedCited by 4 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

RUCKER, Justice.

We grant the State's petition to transfer and hold that where a police officer places a person in handcuffs pursuant to a Writ of Body Attachment, the person is "lawfully detained" within the meaning of the escape statute even though the Writ later proves to be defective.

Facts

On March 17, 1999, police officer Michael Bennington went to the Fort Wayne home of James Leshore to execute a Writ of Body Attachment. Leshore had not paid child support and was being cited for contempt of court. The Writ directed Officer Bennington to "attach and keep [Le-shore]…

2Cases cited5 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. City of Indianapolis v. ErvinIndiana Court of Appeals · 1980
  3. Stine v. SHUTTLEIndiana Court of Appeals · 1962
  4. Grant County Commissioners v. CottonIndiana Court of Appeals · 1997
  5. Williams v. StateIndiana Court of Appeals · 1974

3Cited by4 opinions

  1. Anglin v. StateIndiana Court of Appeals · 2003
  2. Grabarczyk v. StateIndiana Court of Appeals · 2002
  3. Mesarosh v. StateIndiana Court of Appeals · 2004
  4. Morrow v. City of Marion, IndianaDistrict Court, N.D. Indiana · 2021

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