Tuesday, March 21, 2023 11am to 12pm
About this Event
2325 Chester Blvd., Richmond, IN 47374
This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.
William Brittingham appeals following the trial court's denial of his motion to dismiss. On January 12, 2022, the State alleges Brittingham confronted his girlfriend, L.D., and her co-worker, R.H., in a parking lot. Brittingham forced L.D. into his car at gunpoint, and R.H. fled across the street to a grocery store parking lot. Brittingham drove over to R.H., punched R.H., and pointed a gun at him. The State charged Brittingham under Cause Number 45G03-2201-F3-000003 ("F3-3") with Level 3 felony criminal confinement, Level 5 felony kidnapping, Level 5 felony intimidation, Level 6 felony criminal confinement, Level 6 felony pointing a firearm, and Class B misdemeanor battery. Under Cause Number 45D08-2202-CM-000569 ("CM-569"), the State charged Brittingham with Class A misdemeanor battery. Brittingham pled guilty and received a suspended sentence in CM-569. Brittingham argues the State is therefore barred by Indiana Code section 35-41-4-4 from continuing to prosecute him in F3-3.
The scheduled panelists are Judge May, Judge Weissmann, and Judge Foley.