Preview:

FOR PUBLICATION

ATTORNEY FOR APPELLANT: J. PATRICK BIGGS Chief Public Defender New Albany, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Jan 15 2010, 9:17 am

IN THE COURT OF APPEALS OF INDIANA
MICHAEL P. DUNN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 22A01-0903-CR-127

APPEAL FROM THE FLOYD SUPERIOR COURT The Honorable Susan L. Orth, Judge Cause No. 22D01-0612-FB-960

January 15, 2010

OPINION - FOR PUBLICATION

CRONE, Judge

Case Summary and Issue Michael P. Dunn appeals his conviction for battery causing serious bodily injury, a class C felony,1 arguing that the trial court abused its discretion in admitting evidence. We affirm. Facts and Procedural History On December 14, 2006, at approximately 8:30 p.m., Dunn, Brittany Mathys, and Courtney Anderson went to Shooter's Bar in New Albany. Mathys was Dunn's girlfriend. Sometime that evening, Anderson called Kellen Rollins to ask him to join them at Shooter's. Rollins was a college student who had known Anderson and Mathys in high school. Rollins had a final exam the following morning for which he was studying, but he decided to take a break and arrived at Shooter's about 11:35 p.m. He did not intend to stay long because he had more studying to do. He got a beer at the counter and sat with Mathys and Anderson at a table. Dunn was playing poker in the back of Shooter's. Rollins did not know Dunn, nor did he speak to him while inside Shooter's. Rollins drank one to one and a half beers. About thirty minutes after he arrived, Rollins decided to leave. He and Anderson walked out the side door. Dunn and Mathys walked out behind them. Rollins started to say goodbye to Anderson when he heard someone say, "[W]hat was his name again." Tr. at 92.2 Rollins turned around to say his name, and Dunn punched him in the face. Rollins fell to the ground,

1

Ind. Code

Download Michael P. Dunn v. State of Indiana.pdf

Indiana Law