Legal Opinion

Potter v. State

Indiana Court of Appeals

Decided September 11, 2009No. 41A04-0904-CR-217PublishedCited by 8 opinions

1Opinion of the Court

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Lucian Potter appeals his conviction, after a bench trial, for operating a vehicle while intoxicated, as a class D felony, and the finding that he was an habitual substance offender.

We affirm.

ISSUE

Whether the trial court erred when it admitted evidence of Potter's intoxication.

FACTS

At approximately 12:80 am. on May 5, 2006, Officer Nicholas Dine was on patrol in Greenwood and traveling westbound on County Line Road. He noticed a blue SUV in front of him "weaving within its lane of travel" for approximately one-half mile. (Tr. 4, 31). The vehicle then…

2Cases cited10 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. Meredith v. StateIndiana Supreme Court · 2009
  4. Finger v. StateIndiana Supreme Court · 2003
  5. Sellmer v. StateIndiana Supreme Court · 2006

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. McCaaIndiana Court of Appeals · 2012
  2. Rodney Killebrew II v. State of IndianaIndiana Court of Appeals · 2012
  3. Thomas Porter v. State of IndianaIndiana Court of Appeals · 2013
  4. Dennis L. Lloyd, Jr. v. State of IndianaIndiana Court of Appeals · 2013
  5. Edwin David Calligan v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019

3 more not listed; retrieve them via the Exa API.

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