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Disfigurement sufficient to affirm aggravated battery conviction

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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.”

 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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