Roman Allen v. State of Indiana (mem. dec.)
87A05-1606-CR-1277
| Ind. Ct. App. | Mar 7, 2017Background
- Allen was convicted of Resisting Law Enforcement, a Class A misdemeanor.
- At the Southside Bar, Allen failed to show his hands and approached an officer with a dazed look while the officer commanded him to show his hands.
- A struggle ensued; Officer Tevault kicked Allen and used knee strikes to gain control.
- A second officer arrived; Allen was tasered twice and ultimately handcuffed after not complying with commands.
- The trial court found Allen guilty after a bench trial and sentenced him to probation.
- On appeal, the court affirmed the conviction, rejecting both sufficiency challenges and a privilege defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict Allen | Allen argues insufficient evidence of resisting law enforcement. | State asserts evidence showed clearly resistance and threat. | Evidence sufficient to sustain conviction. |
| Privilege to resist due to excessive force | Allen argues force used was excessive, granting privilege to resist. | State contends force was reasonable under the circumstances. | No privilege; force deemed objectively reasonable. |
Key Cases Cited
- Graham v. State, 903 N.E.2d 963 (Ind. 2009) (establishes that force is an element of resisting; objective standard in excessive force analysis)
- Spangler v. State, 607 N.E.2d 720 (Ind. 1993) (defines forcible resisting and excessive force boundaries)
- Shoultz v. State, 735 N.E.2d 818 (Ind. Ct. App. 2000) (foreign to private citizens' rights to resist unlawful arrest; Fourth Amendment framework mentioned)
- McHenry v. State, 820 N.E.2d 124 (Ind. 2005) (standard for assessing sufficiency of evidence on appeal)