James Vibbert v. State of Indiana (mem. dec.), 49A04-1704-CR-665

On March 25, 2016, Samantha Vibbert and James Vibbert argued at her parents’ apartment; James went outside then Samantha sat in his truck to talk.
Samantha testified James punched her twice and put her in a chokehold; she left and her stepmother observed Samantha’s lip bleeding.
The State charged James Vibbert with Class A misdemeanor domestic battery and Class A misdemeanor battery resulting in bodily injury.
Vibbert represented himself at a bench trial; the court found him guilty of domestic battery and entered judgment on that charge.
The court sentenced Vibbert to 365 days with the sentence suspended to probation; Vibbert appealed challenging sufficiency of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to sustain conviction for Class A misdemeanor domestic battery	State: Samantha’s testimony and witness observation support each element of domestic battery	Vibbert: He disputes hitting Samantha; argues her testimony is insufficient and asks for reweighing	Affirmed: Court found Samantha’s testimony and corroboration (bleeding lip) sufficient; appellate court will not reweigh evidence

Willis v. State, 27 N.E.3d 1065 (Ind. 2015) (standard for sufficiency review; courts do not reweigh evidence or judge witness credibility)
Wright v. State, 828 N.E.2d 904 (Ind. 2005) (conflicting evidence is viewed most favorably to the trial court’s ruling)