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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. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  2. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

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