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714 N.E.2d 276

Myers v. State

Indiana Court of Appeals

Decided July 22, 1999

Indiana Court of Appeals · decided 1999-07-22

Key passage — most relied on by later courts

“We may not ignore the clear language of a statute and `in effect[] rewrite a statute in order to render it consistent with our view of sound public policy.'”

quoted by 1 later decision, including Scott v. Irmeger

Relies on Robinson v. Monroe County

Good law ✅— No negative treatment on recordhow we know

Decided 1999-07-22

How this case has been cited

Cited by 7 later decisions — most recently December 2022

7 state decisions

501999200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

SULLIVAN, Judge,

¶1concurring

¶2With one exception, I fully concur in the affirmance of the conviction and in the treatment of the issues by the majority opinion. That exception concerns the majority’s conclusion that the General Assembly made a conscious policy decision in I.C. 20-12-3.5-2 to exempt university police from the training requirements of I.C. 5-2-1-9(d). Rather, I believe the failure to require such training of university police officers was a legislative oversight.

¶3Minimum training requirements for municipal, county and state law enforcement officers were introduced into the law by Acts 1967, ch. 209, sec. 9. Statutory provisions for university police came about by virtue of Acts 1971, P.L. 329, sec. 1. Given the fact that such university police were vested with full powers of arrest, it seems unlikely that the legislature contemplated that the persons exercising such striking authority would do so with little or no training.

¶4For this reason, I write separately not only to agree with the majority that we are not privileged to “rewrite a statute in order to render it consistent with our view of sound public policy” but also to strongly and explicitly encourage the General Assembly to address this omission at the earliest legislative opportunity. Op. at 284 (quoting Robinson v. Monroe County (1996) Ind.App., 663 N.E.2d 196, 198).

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