Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Geljack v. State

Court of Appeals of Indiana
671 N.E.2d 163 (1996)


Kenneth Geljack, Jr. (defendant), had a suspended driver’s license. Geljack was a passenger in a car driven by his wife while they were taking their daughter to a doctor’s appointment. During the trip, Geljack noticed the car’s brakes were failing. After arriving at the doctor’s office, Geljack drove the vehicle to a nearby car repair shop, rather than having it towed. The brakes failed, causing Geljack to run a red light. A police officer witnessed the traffic infraction and subsequently arrested Geljack. The State of Indiana (plaintiff) charged Geljack with operating a motor vehicle with a suspended driver’s license. At trial, Geljack raised a defense of emergency, claiming it was necessary for him to drive to the auto shop to have the brakes fixed so that they did not endanger his family. The trial court instructed the jury that, pursuant to state law, Geljack had the burden of proving that his action was necessary to save a life in an extreme emergency. A jury convicted Geljack, and he appealed, arguing that the state law unconstitutionally imposed the burden of proof on a defendant to prove an affirmative defense of emergency.

Rule of Law


Holding and Reasoning (Staton, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial