Brandon McCall v. State of Indiana (mem. dec.), 71A04-1703-CR-527

Defendant Brandon McCall pleaded guilty earlier (Feb 2016) to misdemeanor carrying a handgun without a license and Level 5 felony possession of methamphetamine; the two-year felony sentence was suspended to probation.
On Aug. 31, 2016, McCall and his pregnant girlfriend T.H. had a violent altercation at McCall’s residence; T.H. slapped McCall, left, returned for her children, and McCall allegedly assaulted her twice, causing visible injuries.
Police found T.H. with blood and bruising; McCall claimed he acted in self-defense and alleged he had been battered, but officers observed no injuries on him.
The State charged McCall with Level 5 domestic battery (bodily injury to a pregnant woman) and Level 6 strangulation; at bench trial he was convicted of the Level 5 domestic battery and acquitted of strangulation.
The State filed a probation-revocation petition based on the new domestic battery conviction; the trial court found a probation violation and ordered McCall to serve the entire previously suspended two-year sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State rebutted McCall's self-defense claim	State: evidence shows McCall attacked T.H. twice and used disproportionate force, negating self-defense	McCall: T.H. was initial aggressor; he reasonably feared bodily harm; was on home detention and could not leave	Court: State presented sufficient evidence to negate self-defense; conviction affirmed
Whether probation revocation and full execution of suspended sentence were proper	State: single probation violation (new felony) suffices to revoke and execute suspended time	McCall: revocation and full execution were excessive given home detention, prior provocation, and good conduct on home detention	Court: probation revocation supported by evidence; sentencing (execution of two-year suspended term) was not an abuse of discretion

Wilson v. State, 770 N.E.2d 799 (Ind. 2002) (standard for reviewing sufficiency to rebut self-defense)
Wallace v. State, 725 N.E.2d 837 (Ind. 2000) (self-defense as legal justification)
Henson v. State, 786 N.E.2d 274 (Ind. 2003) (elements required to establish self-defense)
Miller v. State, 720 N.E.2d 696 (Ind. 1999) (methods for State to rebut self-defense)
Pinkston v. State, 821 N.E.2d 830 (Ind. Ct. App. 2004) (force must be proportionate to threat)
Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (probation is discretionary and revocable)
Hubbard v. State, 683 N.E.2d 618 (Ind. Ct. App. 1997) (single probation violation can support revocation)
Braxton v. State, 651 N.E.2d 268 (Ind. 1995) (standard for affirming probation revocation when supported by substantial evidence)