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LESHORE v. STATE

No. 02S03-0101-CR-69.

755 N.E.2d 164 (2001)

James LESHORE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Supreme Court of Indiana.

September 13, 2001.

Attorney(s) appearing for the Case

P. Stephen Miller, Fort Wayne, IN, Attorney for Appellant.

Karen M. Freeman-Wilson Attorney General of Indiana, Joseph A. Samreta, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

ON PETITION TO TRANSFER

RUCKER, Justice.

We grant the State's petition to transfer and hold that where a police officer places a person in handcuffs pursuant to a Writ of Body Attachment, the person is "lawfully detained" within the meaning of the escape statute even though the Writ later proves to be defective.

Facts

On March 17, 1999, police officer Michael Bennington went to the Fort Wayne home of James Leshore to execute a Writ of Body...

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