Legal Opinion
Dannie Carl Pattison v. State of Indiana
Indiana Supreme Court
Decided June 22, 2016No. 27S05-1603-CR-115PublishedCited by 39 opinions
1Opinion of the Court
On Petition to Transfer from the Indiana Court of Appeals, No. 27A05-1411-CR-517
MASSA, Justice.
At Dannie Pattison’s trial for operating a vehicle with an alcohol concentration equivalent of 0.08 or more, his jury was instructed to presume his ACE at the time of the offense based on a chemical test conducted within three of hours of his being stopped by police. Tracking the language of Indiana Code section 9-30-6-15(b), the instruction told the jury it “shall presume,” yet also stated, “the presumption is rebuttable.” We are asked to decide whether that instruction improperly relieved the…
2Cases cited28 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Francis v. FranklinSupreme Court of the United States · 1985
- Mata v. StateCourt of Criminal Appeals of Texas · 2001
- State v. TischioSupreme Court of New Jersey · 1987
- Tyrice J. Halliburton v. State of IndianaIndiana Supreme Court · 2013
23 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Derrick Cardosi v. State of IndianaIndiana Supreme Court · 2019
- Dorian Lee v. State of IndianaIndiana Court of Appeals · 2017
- Jonathon Barthalow v. State of IndianaIndiana Court of Appeals · 2019
- Chris D. Hawkins v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018
- Jeremiah Edward Ericksen v. State of IndianaIndiana Court of Appeals · 2017
34 more not listed; retrieve them via the Exa API.