Preview:

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: MICHAEL T. BOHN Franklin, Indiana

FILED
Jul 02 2009, 9:49 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BRANDON CRAVENS Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 41A05-0904-CR-197

APPEAL FROM THE JOHNSON SUPERIOR COURT The Honorable Kim Van Valer, Judge Cause No. 41D03-0707-CM-833

July 2, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Brandon Cravens appeals his conviction, after a bench trial, on one count of battery, a class A misdemeanor.1 We affirm. ISSUES Whether sufficient evidence supports the State's rebuttal of self-defense. FACTS The facts most favorable to the trial court's decision are as follows. On July 22, 2007, Nicholas Smoot attended a large bonfire party in Amity where Cravens was also in attendance. Several party guests were consuming alcohol. At the party, Smoot talked to a girl named Courtney, one of Cravens' classmates. Later in the evening, Cravens and his friend, Jason Squibb, saw an intoxicated Courtney stumbling and getting sick. Cravens asked Squibb to assist Courtney to a place where she could rest. Smoot saw Squibb helping Courtney and found his handling of her inappropriate, so he yelled at Squibb. Cravens went over to the area where Smoot and Squibb argued. When Cravens interjected himself into the argument, Cravens punched Smoot in the mouth with enough force to knock out one of Smoot's teeth. The State charged Cravens with class A misdemeanor battery. During a bench trial, Cravens claimed to have acted in self-defense. Cravens testified that Smoot

1

Indiana Code Section 35-42-2-1(a) states that "[a] person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery." Battery is a class A misdemeanor when it results in bodily injury to another person. I.C.

Download Brandon Cravens v. State of Indiana.pdf

Indiana Law