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Non life-threatening injury gets aggravated battery conviction reversed

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A defendant who shot at a car with a semiautomatic rifle, causing a bullet to graze the driver, did not commit Class B felony aggravated battery because the injury inflicted upon the victim did not create a substantial risk of death.

The Indiana Court of Appeals reversed one of Bobby Alexander’s convictions for Class B felony aggravated battery in Bobby Alexander v. State of Indiana, 49A04-1207-CR-351. The court concluded Alexander was convicted on the basis of his actions rather than on the basis of the statute which requires the injury to pose the risk of death.

Alexander was charged with two counts of Class A felony attempted murder and two counts of Class B felony aggravated battery after he shot at a car and injured two of the occupants. The passenger suffered significant injuries, but the driver, Ryan Little, sustained a graze wound on his back and did not receive any medical treatment.

Following a two-day trial, the jury found Alexander guilty of two aggravated battery charges but not guilty of the attempted murder charges.

The Court of Appeals agreed with Alexander that the state’s evidence was insufficient to prove that the defendant knowingly inflicted an injury on Little that created a substantial risk of death.

“Indeed, the record before us reveals that the State appears to have been confused on this substantial risk of death element for the Class B felony aggravated battery charge,” Judge Rudolph Pyle wrote for the court. “In both the charging information and the State’s closing argument, the State asserted that it needed to prove that Alexander’s actions of shooting at Little’s car created a substantial risk of death. However, the aggravated battery statute clearly provides that it is the injury inflicted upon the victim – not the defendant’s actions – that must create a substantial risk of death.”

The Court of Appeals remanded with instructions that the trial court enter judgment of conviction for battery as a Class C felony and resentence accordingly.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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