Colton Milam v. State of Indiana, 14 N.E.3d 879

On Aug. 22, 2013 Officer Esteb stopped a car after seeing an arm/object out the passenger window and hearing glass break; he smelled alcohol.
Occupants: Cunigan (driver), Colton Milam (front passenger), Dustin Webb (rear). Milam and Webb admitted drinking.
Milam argued loudly with Webb, told Webb to “tell the truth,” used profanities, and was described by the officer as loud, boisterous, uncooperative, slurring, and unsteady.
Officer Esteb handcuffed Milam for disrupting the investigation; the trial court convicted Milam of Class B misdemeanor public intoxication on the theory he breached the peace.
Milam appealed, arguing insufficient evidence that his public intoxication met the statute’s required conduct elements (endangering life, breaching the peace, or harassing/annoying/alarming another).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence suffices to sustain public intoxication conviction under amended statute	State: Milam’s loud, profane, disruptive behavior in public drew attention and breached the peace/annoyed or alarmed others	Milam: No evidence he endangered anyone, breached the peace, or that anyone was harassed, annoyed, or alarmed by him	Reversed — insufficient evidence to prove any required conduct element

Lock v. State, 971 N.E.2d 71 (Ind. 2012) (standards for sufficiency review)
Galloway v. State, 938 N.E.2d 699 (Ind. 2010) (appellate review rights and limits)
Naas v. State, 993 N.E.2d 1151 (Ind. Ct. App. 2013) (reversal standard where inferences insufficient)
Christian v. State, 897 N.E.2d 503 (Ind. Ct. App. 2008) (pre-amendment public intoxication required only public intoxication)
State v. Sevier, 20 N.E. 245 (Ind. 1889) (historic purpose of public intoxication law: protect public from annoyance/deleterious effects)
Moore v. State, 949 N.E.2d 343 (Ind. 2011) (policy questions for legislature)
Luhrsen v. State, 864 N.E.2d 452 (Ind. Ct. App. 2007) (strict construction of penal statutes)
Holbert v. State, 996 N.E.2d 396 (Ind. Ct. App. 2013) (statutory amendment narrowed scope of public intoxication)