Dale L Franks v. State of Indiana

── Dale L Franks v. State of Indiana ── Case No.: 23A-CR-00744 Court: Indiana Court of Appeals Date: December 20, 2023 Author: Judge Dana Kenworthy County of Origin: Adams Category: Criminal Decision: Affirmed Judge Altice and Judge Weissmann concur Around 12:55 a.m., Berne Police Department Officer Wesley Haight went to Franks’ house after neighbors complained about a fight. Officer Haight tried to “ascertain what was going on,” “solve the issue, and gather information until responding units arrived.” Tr. Vol. 2 at 54. He separated Franks and his brother, who were yelling at each other. Officer Haight spoke with Franks’ wife, who explained she, Franks, and Franks’ brother had been at a party. She had left early, receiving a ride home from someone.