ILNews

Disfigurement sufficient to affirm aggravated battery conviction

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence enhancement the perpetrator received.

An altercation between three men escalated until one of the victims was stabbed multiple times by Virgil Cornelious. The victim was treated for cuts on his hand, nose, face, neck and arm and required more than 200 stitches and staples.

A jury convicted Cornelious of Class B felony aggravated battery and sentenced him to 10 years in prison. Sentencing was enhanced with a habitual offender determination for a total sentence of 30 years in prison.

In Virgil D. Cornelious v. State of Indiana, 49A04-1206-CR-335, Cornelious argues that the evidence was insufficient to support a conviction and challenges the habitual offender enhancement.

“The State presented sufficient evidence Cornelious committed Class B felony aggravated battery because Vaughn’s injuries resulted in serious permanent disfigurement,” Judge Melissa May wrote for the court. “Additionally, the trial court did not abuse its discretion when it enhanced Cornelious’ sentence by twenty years based on his adjudication as an habitual offender. Accordingly, we affirm.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

ADVERTISEMENT