Curtis Smith v. State of Indiana (mem. dec.)
71A05-1705-CR-1062
| Ind. Ct. App. | Oct 30, 2017Background
- On June 10, 2016, Curtis Smith picked up his two daughters from their mother, Keishna Washington, which triggered an argument involving Washington, her boyfriend Kamaran Burnley, and others.
- After a confrontation in the parking lot, Smith and Burnley exchanged threats; they separated and Smith returned to his vehicle.
- As Smith prepared to leave, Washington attempted to remove the children from Smith’s car; Smith drove in a "figure 8" pattern and then accelerated toward Burnley as Burnley was walking away.
- Multiple witnesses testified Smith sped up, struck Burnley with his car, then crashed into a dumpster and fled the scene.
- Smith was charged with battery by means of a deadly weapon (Level 5 felony); at trial the jury convicted him of the lesser included offense of criminal recklessness (Level 6 felony).
- Smith appealed, arguing the State failed to disprove his claim of self-defense beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to disprove self-defense | State: Evidence shows Smith intentionally accelerated and hit Burnley while Burnley was walking away, negating reasonable fear of imminent harm | Smith: He acted in self-defense because of the earlier threats and number of people present | Affirmed: Reasonable evidence supports that Smith did not reasonably fear death or great bodily harm; State rebutted self-defense |
Key Cases Cited
- Wilson v. State, 770 N.E.2d 799 (Ind. 2002) (standard for reviewing sufficiency of evidence when self-defense is claimed)
- Weedman v. State, 21 N.E.3d 873 (Ind. Ct. App. 2014) (self-defense fails if force used is greater than reasonably necessary)
- Hood v. State, 877 N.E.2d 492 (Ind. Ct. App. 2007) (ways the State can meet its burden to negate self-defense)