Michael W. Simpson v. State of Indiana (mem. dec.)
20A03-1607-CR-1741
| Ind. Ct. App. | Mar 16, 2017Background
- On June 10, 2015, Theodore Fuentes was attacked in Rachel Grove’s apartment by Zachary Garrett, Lesley Garrett, and Michael W. Simpson; Fuentes suffered facial injuries and bleeding.
- Grove witnessed the attack up close, testified she knew Simpson for ~7.5 years and was within a foot of him during the assault.
- Fuentes later identified Simpson in a photo lineup and positively identified him at the bench trial; Grove also identified Simpson at trial.
- The State charged Simpson with Class A misdemeanor battery; the trial court conducted a bench trial and found Simpson guilty.
- Simpson appealed, challenging sufficiency of the evidence establishing his identity as an attacker.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Simpson was one of the attackers | State: eyewitness identifications (Fuentes and Grove) and physical evidence support conviction | Simpson: identifications unreliable due to mistaken photo exhibit, alleged collusion and misidentification; evidence insufficient | Court: Affirmed — eyewitness testimony of two witnesses who knew/observed Simpson was sufficient; no basis to apply incredible-dubiosity rule |
Key Cases Cited
- State v. Oney, 993 N.E.2d 157 (Ind. 2013) (standard for appellate review of sufficiency of evidence in non-jury trials)
- Hitch v. State, 51 N.E.3d 216 (Ind. 2016) (clarifies review under Trial Rule 52(A) and deference to trial court credibility findings)
- Majors v. State, 748 N.E.2d 365 (Ind. 2001) (describes limited application of the "incredible dubiosity" rule)