Erron Thomas v. State of Indiana (mem. dec.), 49A05-1606-CR-1473

In June 2013, Erron Thomas was alone caring for his two-month-old daughter, M.T.; later that morning he took her to the hospital with serious injuries.
Medical examination revealed a spiral fracture of the right femur, a corner fracture of the right tibia, and a bone bruise or hairline fracture of the left forearm; injuries were contemporaneous.
Dr. Courtney Demetris testified the femur fracture resulted from a twisting force, the tibia from a yanking/torquing force, and that the injuries constituted non-accidental trauma (child abuse).
Dr. Linda Dimelgo testified M.T.’s bones were normal, contradicting defense suggestions of an underlying bone disorder.
The State charged Thomas with Class B felony battery; after a bench trial the court found him guilty and sentenced him to a ten-year aggregate sentence with portions served in DOC, home detention, and suspended.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to sustain Class B felony battery conviction	State: Evidence that Thomas was alone with M.T., the severe fractures, and expert testimony of non-accidental trauma support finding he knowingly or intentionally caused injury	Thomas: State failed to prove he acted knowingly or intentionally; injuries could be explained by bone abnormalities or accident	Affirmed: appellate court finds probative evidence and reasonable inferences support conviction; may not reweigh evidence

Jordan v. State, 656 N.E.2d 816 (Ind. 1995) (standard for appellate review of sufficiency — do not weigh evidence or judge credibility)
Spangler v. State, 607 N.E.2d 720 (Ind. 1993) (affirmation standard: evidence of probative value and reasonable inferences suffice to uphold verdict)