Indiana Case involving term of probation to “not consume alcohol”

Read the original article source of this excerpt.

The Indiana Law Blog on 12-8-14

On Monday, Dec. 8, 2014, the Indiana Supreme Court had scheduled oral arguments for the case of  Natosha L. Stillions v. State of Indiana (53A01-1311-CR-508) .

After stealing items from her employer, Stillions was convicted of theft, a Class A misdemeanor. As one condition of probation, Stillions was ordered by the Monroe Circuit Court not to consume alcohol. Stillions argued this was not a proper term of probation because there was no evidence that her offense involved alcohol or that alcohol was an issue in her life. The Court of Appeals affirmed in Stillions v. State, No. 53A01-1311-CR-508 (Ind. Ct. App. Jul. 20, 2014)

ILB: This was a July 30, 2014 NFP opinion, concluding:

The propensity of alcohol to impair judgment and reduce inhibition is known. Carswell, 721 N.E.2d at 1265. Besides these general effects of alcohol, Stillions’ medications create additional health concerns for her should she consume alcohol. Therefore, the general need to protect the public as well as the specific need to assist Stillions in staying healthy and finding employment makes this condition of probation a reasonable one in this case.

The Indiana Supreme Court denied the transfer.  The Court of Appeals decision stands.  Trial court’s sentence was AFFIRMED.

See Court of Appeals, July 30, 2014     Natosha Stillions