Kazie Sekou Cole v. State of Indiana (mem. dec.)
71A04-1604-CR-883
| Ind. Ct. App. | Oct 5, 2016Background
- In June 2015, Kazie Sekou Cole rented a room to Shanita Osborne at his South Bend residence. A disconnection notice for unpaid electricity prompted a dispute about money.
- Cole picked Osborne up and returned her to his home; there the argument escalated, Cole allegedly locked the doors, grabbed Osborne’s phones, and prevented her from leaving.
- Osborne testified Cole punched her in the left eye, causing pain, a bloodshot and swollen eye, and a half-inch cut beneath the eye that bled onto her clothing; Cole told her to shower and change clothes.
- Cole also allegedly took money from Osborne’s purse and gave her sleeping pills so she would not leave; Osborne fell asleep and left the next day, then called police.
- Officer Devon Gilbert observed swelling, a bloodshot left eye, and a cut under Osborne’s eye and saw bloodstains on her clothing and wrist brace.
- At a bench trial Cole denied punching Osborne and argued she fabricated the claim; the trial court found Osborne credible and convicted Cole of Class A misdemeanor battery resulting in bodily injury, imposing a 365-day executed sentence. The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove Cole committed battery causing bodily injury | State: Osborne’s testimony, photographic exhibits, and officer observations sufficiently prove Cole intentionally struck Osborne causing injury | Cole: Osborne’s testimony is uncorroborated and "vague"; physical injuries could have been caused by someone else; officer didn’t contact Cole and he wasn’t present when police arrived, raising reasonable doubt | Affirmed. Credible victim testimony alone can sustain conviction; trial court found Osborne credible and exhibits corroborated her account |
Key Cases Cited
- Bailey v. State, 979 N.E.2d 133 (Ind. 2012) (a conviction may rest on uncorroborated testimony of a single witness)
- Pugh v. State, 52 N.E.3d 955 (Ind. Ct. App. 2016) (standard for reviewing sufficiency: view evidence most favorable to verdict)
- Oster v. State, 992 N.E.2d 871 (Ind. Ct. App. 2013) (conflicting evidence is considered in light most favorable to trial court)
- Holloway v. State, 51 N.E.3d 376 (Ind. Ct. App. 2016) (conviction upheld if reasonable trier of fact could find guilt from probative evidence and reasonable inferences)
- Sargent v. State, 875 N.E.2d 762 (Ind. Ct. App. 2007) (same standard for sufficiency review)
- Hape v. State, 903 N.E.2d 977 (Ind. Ct. App. 2009) (credibility determinations are for the factfinder, not appellate court)