These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).
APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Annie Christ Garcia, Judge. Cause No. 49F24-1212-FD-86267.
ATTORNEY FOR APPELLANT: MARIE CASTETTER, Foley & Abbott, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; GEORGE P. SHERMAN, Deputy Attorney General, Indianapolis, Indiana.
VAIDIK, Chief Judge. RILEY, J., and MAY, J., concur.
MEMORANDUM DECISION - NOT FOR PUBLICATION
VAIDIK, Chief Judge.
A person forcibly resists law enforcement when he uses strong, powerful, or violent means to impede an officer in the lawful execution of the officer's duties. Recently, in
Walker v. State, 998 N.E.2d 724 (Ind. 2013), our Supreme Court clarified that not every passive--or even active--response to an officer amounts to resisting law enforcement, even when that response requires an officer to use force. In this case, although Craig Hoog refused to follow an officer's instructions, there was no evidence that Hoog used even a modest exertion of strength, power, or violence to resist the officer. We therefore reverse his conviction for resisting law enforcement, but affirm his conviction for failure to stop after an accident resulting in property damage. We affirm in part and reverse in part.
Facts and Procedural History
A person commits the crime of resisting law enforcement when he or she " knowingly or intentionally . . . forcibly resists, obstructs, or interferes with a law enforcement officer . . . while the officer is lawfully engaged in the execution of the officer's duties." Ind. Code § 35-44.1-3-1(a)(1).
Brandon approached the truck. The engine was running, and the windows were rolled up. Brandon looked inside and saw the driver, Hoog. Brandon asked Hoog if he was okay. Hoog stared at Brandon without responding. Brandon again asked Hoog if he was okay, but Hoog did not reply. Brandon then opened the driver's-side door and inquired for a third time if Hoog was okay. When he got no response, Brandon went to get help.
When Brandon returned to the truck with one of his cousins, Hoog suddenly "floored it backwards," almost hitting a car behind him, and sped ...