Justin Kirby v. State of Indiana

── Justin Kirby v. State of Indiana ── Case No.: 25A-CR-01267 Court: Indiana Court of Appeals Date: October 20, 2025 Author: Judge Elaine Brown County of Origin: Ripley Category: Criminal Decision: Affirmed Judge Felix and Judge Scheele concur On October 22, 2022, Kristopher Kholmeier and his wife were driving in Batesville and noticed a car blocking the road. Kholmeier approached the vehicle where an older man was yelling at the driver of the car, later identified as Kirby, in an attempt to receive a response. Kholmeier observed that Kirby was not responsive and “blue in the face.” Transcript Volume II at 203. The car was running and “slowly moving.” Id. A woman approached the scene, said she was a nurse, and said Kirby had a faint pulse.