Layke D. Leonard v. State of Indiana
CourtIndiana Court of Appeals
Date FiledSeptember 16, 2026
Docket26A-IF-00365
JudgeJudge May
StatusPublished
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Full Opinion
IN THE
Court of Appeals of Indiana
Layke D. Leonard, FILED
Appellant-Defendant Sep 16 2026, 8:43 am
CLERK
Indiana Supreme Court
Court of Appeals
v. and Tax Court
State of Indiana,
Appellee-Plaintiff
September 16, 2026
Court of Appeals Case No.
26A-IF-365
Appeal from Henry Circuit Court
The Honorable David L. McCord, Judge
Trial Court Cause No.
33C03-2510-IF-3889
Opinion by Judge May
Judges Pyle and Scheele concur.
Court of Appeals of Indiana | Opinion 26A-IF-365 | September 16, 2026 Page 1 of 4
May, Judge.
[1] Around 4:30 a.m. on October 6, 2025, Officer Eric Jackson observed a car
driven by Layke D. Leonard “peel out” and heard Leonard’s tires squeal as he
departed from a nearby traffic light. (Tr. Vol. II at 7.) Officer Jackson pulled
over Leonard’s vehicle and cited Leonard for an unsafe start under Indiana
Code section 9-21-8-23. After a bench trial, the trial court found Leonard made
an unsafe start as alleged and ordered him to pay a $1.00 fine and $139.50 in
court costs. Because the evidence was insufficient as a matter of law to meet
the definition of unsafe start, we reverse.
Discussion and Decision
[2] Leonard argues the State did not present sufficient evidence that he made an
unsafe start under Indiana Code section 9-21-8-23. An infraction is a civil
matter, and thus the State need only prove the respondent committed the
infraction by a preponderance of the evidence. Ind. Code § 34-28-5-1(d).
However, we review a sufficiency challenge under the same standard as we do a
criminal case, that is, we consider only the evidence and reasonable inferences
that support the verdict. Hall v. State, 177 N.E.3d 1183, 1191 (Ind. 2021). The
evidence need not overcome every reasonable hypothesis of innocence, and we
do not reweigh the evidence or reassess witness credibility. Drane v. State, 867
N.E.2d 144, 146 (Ind. 2007).
[3] To prove Leonard committed an unsafe start, the State had to provide evidence
that he started his vehicle before doing so could be “made with reasonable
Court of Appeals of Indiana | Opinion 26A-IF-365 | September 16, 2026 Page 2 of 4
safety.” Ind. Code § 9-21-8-23. Leonard does not deny that his tires squealed.
Leonard argues the State did not prove he unsafely left the intersection and relies
on two cases that addressed the same question – Dora v. State, 736 N.E.2d 1254
(Ind. Ct. App. 2000), trans. denied, and Beasey v. State, 823 N.E.2d 759 (Ind. Ct.
App. 2005).
[4] In Dora, we held that Dora’s spinning and squealing tires did not prove he
committed a Class C infraction for an unsafe start absent evidence his action
threatened himself or others. Dora, 736 N.E.2d at 1257. In Beasey, we noted
the holding in Dora but distinguished the facts in that case because Beasey’s
vehicle fishtailed out of a parking lot while his tires spun and squealed. Beasey,
823 N.E.2d at 761. We held the additional act of fishtailing proved that Beasey
was not in control of the vehicle and thus was dangerous to himself or others.
Id. at 762.
[5] Here, Officer Jackson testified that he initiated a traffic stop after he observed
Leonard’s tires squeal when a stop light turned green. (Tr. Vol. II at 7.) He
indicated that, in his experience, when tires squeal, they have lost traction with
the road, causing an unsafe condition. However, Officer Jackson did not
indicate Leonard’s vehicle moved erratically or in a dangerous manner. Based
on Dora, without evidence beyond squealing tires, the State did not present
sufficient evidence that Leonard committed the Class C infraction of making an
unsafe start. Therefore, Leonard’s conviction cannot stand.
Court of Appeals of Indiana | Opinion 26A-IF-365 | September 16, 2026 Page 3 of 4
Conclusion
[6] The State did not present sufficient evidence that Leonard made an unsafe start
in violation of Indiana Code section 9-21-8-23. Accordingly, we reverse his
conviction.
[7] Reversed.
Pyle, J., and Scheele, J., concur.
ATTORNEY FOR APPELLANT
Nathan Vining
Vining Legal LLC
Indianapolis, Indiana
ATTORNEY FOR APPELLEE
Theodore E. Rokita
Indiana Attorney General
Indianapolis, Indiana
J.T. Whitehead
Deputy Attorney General
Indianapolis, Indiana
Court of Appeals of Indiana | Opinion 26A-IF-365 | September 16, 2026 Page 4 of 4