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Brother’s previous threat allowed at trial

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The Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw hot water on the brother was properly admitted into evidence during trial.

In Michael R. Sudberry v. State of Indiana, 45A03-1206-CR-298, Michael Sudberry appealed his conviction of Class C felony battery resulting in serious bodily injury committed against his brother Kenneth Sudberry. The two lived at home with their ailing mother and did not get along. The brothers started fighting Aug. 27, 2011, over a seat at the kitchen table during breakfast. They threw water on each other and pushed each other.

Michael Sudberry stabbed his brother with a pencil; his brother then pushed Sudberry. The altercation ended when Michael Sudberry picked up a pot with hot water, threw it on his brother and then pressed the pot against his face. Kenneth Sudberry had second-degree burns on parts of his upper body.

Michael Sudberry didn’t testify at his trial, but his self-defense claim was placed at issue through a detective’s report and a taped statement he gave to the officer. Kenneth Sudberry later testified that on June 29, 2010, after the two brothers pushed each other, Michael Sudberry said “If you push me again, I will kill you.” No other physical altercations happened until the Aug. 27 incident.

“Kenneth testified that there were no physical altercations between him and Sudberry between the date of the threat and the date of the battery. Thus, a reasonable jury could conclude that Sudberry did not have a reason to act on his threat until the date of the battery. Sudberry notes that he did not carry out his threat – he did not kill Kenneth; however, the evidence was undisputed that Sudberry severely injured Kenneth and that Kenneth received assistance only because he managed to call 911 himself,” Judge Terry Crone wrote in affirming that admittance of the evidence of the threat.

The judges also concluded that the evidence admitted rebuts Michael Sudberry’s claim of self-defense.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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