Gabrielle R. Adams v. State of Indiana (mem. dec.), 71A05-1611-CR-2659

On May 12, 2016, Gabrielle R. Adams and her boyfriend got into a fight with Ashley Banghart in a CVS parking lot; Burgh pulled Banghart to the ground on the paved asphalt.
While Banghart was on the ground, Adams slammed Banghart’s head onto the paved surface six times, causing a concussion and loss of consciousness.
The State charged Adams with battery enhanced to a Level 5 felony on the theory the battery was committed "with a deadly weapon" — the parking lot pavement.
At trial a jury found Adams guilty; she appealed only the deadly-weapon enhancement sufficiency issue.
The appellate court reviewed the evidence in the light most favorable to the verdict and considered whether the paved surface, as used, was "readily capable of causing serious bodily injury."

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the paved parking-lot surface was a "deadly weapon" elevating battery to a Level 5 felony	State: The pavement, as used, was readily capable of causing serious bodily injury and thus qualifies as a deadly weapon	Adams: A paved surface cannot be a deadly weapon; the legislature did not intend stationary pavement to qualify	Court: Affirmed — a paved surface can be a deadly weapon when used in a manner readily capable of causing serious bodily injury

Griffith v. State, 59 N.E.3d 947 (Ind. 2016) (standard for reviewing sufficiency of the evidence)
Gleason v. State, 965 N.E.2d 702 (Ind. Ct. App. 2012) (deadly-weapon question is fact-sensitive; examine manner of use)
Majors v. State, 410 N.E.2d 1196 (Ind. 1980) (use of a rock as a deadly weapon falls within statutory definition)
Davis v. State, 819 N.E.2d 91 (Ind. Ct. App. 2004) (loss of consciousness from a strike can constitute serious bodily injury)