Curtis Richards v. State of Indiana (mem. dec.)
49A05-1611-CR-2560
| Ind. Ct. App. | Sep 25, 2017Background
- On Dec. 2, 2015, Curtis Richards and Raimona Harris engaged in a physical altercation at Harris’s home during which Richards choked and struck Harris.
- A child observed Richards “swinging at” Harris; Harris reported seeing a “white light” and had bleeding and blurry vision after the fight.
- Medical evaluation showed a right orbital bone fracture and an eyelid laceration; the laceration required sutures and the fracture required surgical repair.
- Post-surgery complications included swelling, bleeding, pus accumulation, infection, multiple ER visits, and prescriptions for pain medication and antibiotic ointment.
- Richards was charged with battery resulting in serious bodily injury (Level 5 felony), strangulation (Level 6), domestic battery in the presence of a child (Level 6), and a misdemeanor battery; after a bench trial he was convicted of the felonies and sentenced to an aggregate three-year term (1.5 years home detention, remainder suspended to probation).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports conviction for battery resulting in serious bodily injury | State: Harris’s orbital fracture, eyelid laceration, required surgery and ongoing complications show serious bodily injury | Richards: Evidence insufficient to prove the injury met statutory definition of "serious bodily injury" | Court: Affirmed—evidence (fracture, surgery, complications, protracted impairment) suffices to show serious bodily injury |
Key Cases Cited
- Holloway v. State, 51 N.E.3d 376 (Ind. Ct. App. 2016) (standard for reviewing sufficiency of the evidence)
- Mann v. State, 895 N.E.2d 119 (Ind. Ct. App. 2008) (definitions of “protracted” and “impairment” in serious bodily injury analysis)
- Davis v. State, 813 N.E.2d 1176 (Ind. 2004) (deference to fact-finder on whether an injury is "serious bodily injury")
- Mendenhall v. State, 963 N.E.2d 553 (Ind. Ct. App. 2012) (orbital fractures and related impairment can constitute protracted loss or impairment of an organ)