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Transferred intent instruction not error in domestic violence trial

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An Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that a jury instruction on the doctrine of transferred intent was not an abuse of discretion.

Jose Maldonado-Morales was convicted of Class D felony domestic battery for punching his ex-wife during an altercation in which he later said he was attempting to assault her boyfriend when she stepped between them. He argued that had he hit the boyfriend, he would have been charged with a misdemeanor. Because the divorced couple’s child was present, the charge was enhanced to a felony.

In Jose Maldonado-Morales v. State of Indiana, 20A05-1205-CR-255, Maldonaldo-Morales argued that the trial court erred by offering this jury instruction:

“If one intends to injure a person and by mistake or inadvertence injures another person, his intent is transferred from the person to whom it was directed to the person actually injured and he may be found guilty of domestic battery.”

Senior Judge John T. Sharpnack wrote that the case was similar to D.H. v. State, 932 N.E.2d 236 (Ind. Ct. App. 2010), in which a juvenile was charged with the equivalent of a felony for striking a teacher when he was trying to punch another juvenile, which would have resulted in a misdemeanor.

In D.H., the court determined the culpability requirement of “knowingly or intentionally” in the battery statute applies only to the prohibited conduct of touching someone in a rude, angry or insolent manner.

“The state was required to prove beyond a reasonable doubt that Maldonado-Morales knowingly or intentionally struck a person, and then prove beyond a reasonable doubt that the person that was struck is or was the spouse of Maldonado-Morales and that Maldonado-Morales committed the offense in the presence of a child,” Sharpnack wrote.

“There is no requirement that the state prove that Maldonado-Morales acted knowingly or intentionally as to the status of the victim or the presence of a child,” he wrote.

“The trial court did not abuse its discretion by instructing the jury as to the doctrine of transferred intent.”

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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