J.R. v. State of Indiana (mem. dec.)
49A05-1608-JV-1858
| Ind. Ct. App. | Feb 16, 2017Background
- On January 7, 2016, Indianapolis Public School Officer Sgt. Thomas McClendon responded to reports of disturbance in a middle-school boys’ restroom and stopped two boys; one complied, J.R. did not.
- J.R. entered the crowded cafeteria and hid under a table; officers identified his location and ordered him to come out.
- When ordered to exit, J.R. refused, verbally abused Sgt. McClendon, snatched the sergeant’s arm away, and resisted officers’ attempts to remove him from under the table.
- Three school officers attempted to subdue J.R.; their efforts escalated as J.R. twisted and pulled, causing all three to fall and at least one officer to appear injured.
- The State charged conduct amounting to level 6 felony resisting with bodily injury if an adult; after trial the court found J.R. true for conduct amounting to class A misdemeanor resisting law enforcement, placed him on probation, and J.R. appealed.
Issues
| Issue | Plaintiff's Argument (J.R.) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove J.R. knowingly/ intentionally resisted law enforcement | J.R. argued the evidence did not establish requisite criminal intent | The State pointed to J.R.’s refusal to follow orders, hiding, cussing, yanking an officer’s arm, and violent resistance as evidence of knowing/intentional conduct | Court affirmed: reasonable inferences from J.R.’s actions supported finding he knowingly/forcibly resisted officers |
| Whether J.R.’s claimed mental illness/learning disability negated intent or warranted consideration on appeal | J.R. asserted diminished capacity prevented formation of criminal intent | State noted diminished-capacity claim was not raised below | Court held claim waived on appeal because it was not raised in the trial court |
Key Cases Cited
- D.W. v. State, 903 N.E.2d 966 (Ind. Ct. App. 2009) (standard for sufficiency review in juvenile delinquency adjudications)
- E.H. v. State, 764 N.E.2d 681 (Ind. Ct. App. 2002) (intent may be proved by circumstantial evidence and inferred from conduct)
- B.R. v. State, 823 N.E.2d 301 (Ind. Ct. App. 2005) (issues raised for the first time on appeal in juvenile delinquency adjudications are waived)