Pogue v. State, 2010 Ind. App. LEXIS 2297

Pogue participated in a Goodwill/IMHS summer-school program and could be on IMHS premises to receive compensation for attendance.
The program granted Pogue a contractual right to be on IMHS property for the purpose of completing the summer-school activities.
On July 1, 2009, IMHS officials refused to give Pogue his check and summoned the school safety officer.
Officer Moses testified Pogue was agitated but not proven disruptive; he was allowed on the premises prior to the incident.
Officer Nagel encountered Pogue holding a box cutter; Pogue refused to drop it and made a motion to pocket it; Nagel tackled Pogue and handcuffed him.
Pogue was convicted at a bench trial of criminal trespass and resisting law enforcement; the trespass conviction was appealed and partially reversed, while the resisting conviction was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trespass conviction was supported by sufficient evidence.	Pogue lacked no contractual interest termination.	Pogue had no remaining contractual interest upon arrest.	Trespass reversed; insufficient evidence of terminated contractual interest.
Whether the resisting law enforcement conviction was supported by sufficient evidence.	Pogue forcibly resisted with the box cutter.	Pogue's conduct constituted forcible resistance.	Resisting arrest affirmed.

Woods v. State, 703 N.E.2d 1115 (Ind.Ct.App.1998) (contractual interest element in criminal trespass)
Taylor v. State, 836 N.E.2d 1024 (Ind.Ct.App.2005) (contractual interest defined as right to be present via agreement)
Drane v. State, 867 N.E.2d 144 (Ind.2007) (standard for sufficiency review of evidence)
Graham v. State, 903 N.E.2d 963 (Ind.2009) (definition of forcible resistance in resisting law enforcement)
Spangler v. State, 607 N.E.2d 720 (Ind.1993) (forcible element in resisting law enforcement case law)
Ajabu v. State, 704 N.E.2d 494 (Ind.Ct.App.1998) (evidence of threats/violence necessary for resisting conviction)