Anita Rodriguez v. State of Indiana (mem. dec.)
71A03-1511-CR-1890
| Ind. Ct. App. | Aug 25, 2016Background
- Anita Rodriguez and neighbor Jose Galaviz had an acrimonious relationship and confronted each other on July 6, 2014.
- Galaviz testified Rodriguez was videoing his children and came into his yard, swung at him twice, scratched his neck and arms, and pulled off his chain; police photographed Galaviz’s injuries.
- Witnesses and two officers testified they observed Rodriguez attack Galaviz or saw no injuries on Rodriguez; an officer found a chain clenched in Rodriguez’s fist when she was handcuffed.
- Rodriguez’s sister testified Rodriguez had been shoved, knocked unconscious, and photographed injuries the next day; Rodriguez claimed self-defense.
- Rodriguez was charged with Class A misdemeanor battery resulting in bodily injury, convicted by a jury, and sentenced to 12 months suspended to probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to rebut Rodriguez’s claim of self-defense | State: testimony, photographs, and officer observations directly rebut self-defense | Rodriguez: she was attacked by Galaviz and acted in self-defense after being shoved and injured | Court: Sufficient probative evidence supported rejection of self-defense; conviction affirmed |
Key Cases Cited
(No listed authorities with official reporter citations in the opinion excerpt.)