Kevin Sandifer v. State of Indiana (mem. dec.)
49A02-1605-CR-1083
| Ind. Ct. App. | Feb 21, 2017Background
- Sandifer was at Marion County Community Corrections on March 20, 2015 when staff determined a home-detention violation and police were dispatched.
- Uniform officers Corporal Kotarski and Deputy Loney arrived to serve an arrest warrant and Sandifer complied with orders while handcuffed but yelled profanity toward staff, disrupting the office.
- Sandifer grabbed Kotarski's finger and pressed with his fingernails, causing pain, while Kotarski and Loney attempted to remove Sandifer's property during a law‑enforcement inventory.
- Outside the building, Sandifer continued to yell and threatened the officers, then kicked Kotarski in the shin after being warned to calm down.
- Sandifer was charged with two counts of battery against a public safety official, one count of disorderly conduct, and one count of public intoxication (the latter dismissed).
- The trial court convicted Sandifer on the two battery counts and the disorderly conduct charge, and suspended all but time served with probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves two battery counts | Sandifer lacked intent; actions were involuntary. | Testimony supports touching in a rude, insolent, or angry manner; kicks inflict pain. | Evidence sufficient for both battery convictions. |
| Whether the disorderly conduct conviction is invalid due to protected speech | Speech was political and protected under Art. 1, Sec. 9. | Speech was not political; it was abusive and not protected. | Speech not political; conviction sustained for disorderly conduct. |
Key Cases Cited
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (do not reweigh evidence on sufficiency review)
- Phelps v. State, 669 N.E.2d 1062 (Ind. Ct. App. 1996) (uncorroborated testimony may sustain conviction)
- Toney v. State, 715 N.E.2d 367 (Ind. 1999) (single witness may sustain conviction)
- Whittington v. State, 669 N.E.2d 1363 (Ind. 1996) (test for political speech; first prong satisfied when arrest for speech)
- Barnes v. State, 946 N.E.2d 572 (Ind. 2011) (disorderly conduct upheld when speech is non-political and impairs expression)
- Williams v. State, 59 N.E.3d 287 (Ind. Ct. App. 2016) (rationality review for non-political speech impairment)
- Price v. State, 622 N.E.2d 954 (Ind. 1993) (public nuisance and impairment standard for political speech)
- K.D. v. State, 754 N.E.2d 36 (Ind. Ct. App. 2001) (testimony may support inference of conduct and manner)