Thursday, March 28, 2013

Court of Appeals Weighs in On "Dis Con"

n People v. Weaver (Ct. App. 2/10/2011), The court summarized the law: "[A] person may be guilty of disorderly conduct only when the situation extends beyond the exchange between the individual disputants to a point where it becomes 'a potential or immediate public problem.'"  Here, the defendant argued that this was a simple, individual dispute between he and his wife.  However, "weigh[ing] the whole incident," the jury had enough  evidence to conclude that the defendant violated the statute.  The incident occurred during the very early morning hours, in a parking lot of a motel that was open for business, and there were a number of people in the area.

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