Mark Carter v. State of Indiana (mem. dec.)
49A04-1707-CR-1543
| Ind. Ct. App. | Dec 13, 2017Background
- Mark Carter and Kimberly Brown had an on-and-off dating/sexual relationship for ~2 years; they lived together for 4–5 months and Brown had a key and mail delivered to Carter’s address.
- Brown performed drug-related tasks for Carter (delivery and collections); on Nov. 22, 2016 she returned after a delivery and an argument ensued about being short on drugs.
- Carter allegedly punched Brown in the back of the head, choked her, threatened her with a belt and hammer, and attempted to prevent her from leaving; Brown sustained visible injuries (cuts, bruises, bleeding).
- Officer Minor observed Brown’s injuries and photographed them; he saw no visible injuries to Carter.
- The State charged Carter with Level 6 intimidation and Class A misdemeanor battery and domestic battery; after a bench trial the court acquitted on intimidation and convicted on both misdemeanor counts.
- Carter appealed, arguing insufficient evidence and that the State failed to rebut his self-defense claim; the Court of Appeals affirmed.
Issues
| Issue | State's Argument | Carter's Argument | Held |
|---|---|---|---|
| Was evidence sufficient to convict of Class A misdemeanor battery (touching resulting in bodily injury)? | Victim testimony, officer observations, and photos show Carter struck and injured Brown; self-defense was rebutted. | Carter claimed Brown attacked first and he acted in self-defense. | Evidence sufficient; State negated self-defense; conviction affirmed. |
| Was evidence sufficient to convict of Class A misdemeanor domestic battery (battery against family/household member)? | Brown qualified as a family/household member because she and Carter were dating/engaged in a sexual relationship. | Carter disputed that Brown was a family/household member. | Evidence sufficient; parties’ relationship established domestic status; conviction affirmed. |
Key Cases Cited
- Gray v. State, 957 N.E.2d 171 (Ind. 2011) (standard for review of sufficiency of evidence)
- Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (reasonable inference test for affirming convictions)
- Wilson v. State, 770 N.E.2d 799 (Ind. 2002) (self-defense elements and State’s burden to negate when supported by evidence)
- Tharpe v. State, 955 N.E.2d 836 (Ind. Ct. App. 2011) (initial aggressor cannot claim self-defense absent withdrawal and communication of intent)