Legal Opinion

Moore v. State

Indiana Supreme Court

Decided June 28, 2011No. 49S04-1101-CR-24PublishedCited by 18 opinions

1Opinion of the Court

DICKSON, Justice.

Brenda Moore appeals her conviction of Public Intoxication, a class B misdemean- or. Her sentence was modest.1 A divided Court of Appeals panel reversed. Moore v. State, 935 N.E.2d 301 (Ind.Ct.App.2010). We granted transfer and now affirm the conviction.

Indiana Code § 7.1-5-1-3 states, “It is a Class B misdemeanor for a person to be in a public place or a place of public resoH in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IC 35-48-1-9)” (emphasis added). Established precedent has long recognized that a person in a…

2Cases cited3 opinions

  1. Miles v. StateIndiana Supreme Court · 1966
  2. Herman v. StateIndiana Supreme Court · 1855
  3. Moore v. StateIndiana Court of Appeals · 2010

3Cited by18 opinions

  1. Miguel Gutierrez v. Michael KermonCourt of Appeals for the Seventh Circuit · 2013
  2. Tin Thang v. State of IndianaIndiana Supreme Court · 2014
  3. State of Iowa v. Patience PayeSupreme Court of Iowa · 2015
  4. David Sesay v. State of IndianaIndiana Court of Appeals · 2014
  5. David Holbert v. State of IndianaIndiana Court of Appeals · 2013

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