Michael R. Sudberry v. State of Indiana
982 N.E.2d 475
| Ind. Ct. App. | 2013Background
- Michael Sudberry and Kenneth Sudberry, brothers, lived with their ailing mother.
- During the morning of August 27, 2011, Sudberry dumped a glass of water on Kenneth; Kenneth retaliated with water, and the brothers began pushing each other.
- Sudberry retrieved a pencil and stabbed Kenneth in the abdomen; Kenneth pushed Sudberry toward the bathroom, where Sudberry fell.
- Sudberry then threw a pot of hot water on Kenneth, who fell and was burned; Sudberry also hit Kenneth with the pot.
- Police were called; Sudberry gave a videotaped statement claiming self-defense and that Kenneth had started the fight; Kenneth required hospitalization for second-degree burns.
- Sudberry was charged with four counts of battery; the State sought to introduce evidence of a prior threat Sudberry made to Kenneth about a year earlier; the trial court initially excluded this evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of the prior threat was an abuse of discretion | Sudberry argued the threat was too remote to be probative | State contends the threat shows intent and is admissible under 404(b) for intent | No abuse; admissible to prove intent under 404(b) |
| Whether the evidence rebuts Sudberry's self-defense claim | Sudberry contends self-defense shown by evidence | State argues Sudberry escalated and used excessive force | Evidence supports rebuttal of self-defense; conviction affirmed |
Key Cases Cited
- Bryant v. State, 802 N.E.2d 486 (Ind. Ct. App. 2004) (evidence of prior acts may be admitted when relevant to issue other than propensity)
- Berry v. State, 704 N.E.2d 462 (Ind. 1998) (threats not too remote where relation between parties shows strain)
- Fisher v. State, 641 N.E.2d 105 (Ind. Ct. App. 1994) (state may present prior crimes to prove defendant’s intent when defendant frames issue of intent)
- Wickizer v. State, 626 N.E.2d 795 (Ind. 1993) (intent standard when defendant raises contrary intent)
- Harmon v. State, 849 N.E.2d 726 (Ind. Ct. App. 2006) (self-defense elements and proportionality of force)
- Wilson v. State, 770 N.E.2d 799 (Ind. 2002) (State must negate one element of self-defense if defense is supported)