Norris v. State
2011 Ind. App. LEXIS 98
| Ind. Ct. App. | 2011Background
- Norris was convicted of murder for the death of his long-time girlfriend Elizabeth Lepucki.
- The charging information alleged Elizabeth was killed knowingly or intentionally, with no battery alleged as the means.
- Norris sought instructions on involuntary manslaughter as a lesser included offense of murder; the court refused.
- Medical evidence showed Elizabeth suffered a severe traumatic brain injury from blunt force trauma with numerous visible injuries.
- Norris admitted striking Elizabeth in a statement to police but claimed no intent to kill; the jury found murder, not a lesser offense.
- On appeal, Norris challenged both the instructions and the sufficiency of the evidence supporting murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether involuntary manslaughter could be instructed as a lesser offense | Norris asserts it is a factually included offense due to the evidence of battery. | State argues involuntary manslaughter is not included because the information lacks a battery. | No error; involuntary manslaughter foreclosed by charging instrument. |
| Whether the evidence supports a murder conviction beyond a reasonable doubt | Norris claims insufficient proof of intent to kill. | State contends the extensive head trauma and post-injury conduct prove knowing/intentional killing. | Affirmed; evidence sufficient to prove Norris knowingly or intentionally killed Lepucki. |
Key Cases Cited
- Wright v. State, 658 N.E.2d 563 (Ind.1995) (three-part test for lesser included offenses)
- Roberts v. State, 894 N.E.2d 1018 (Ind.Ct.App.2008) (inherently vs. factually included lesser offenses, foreclosing instruction when appropriate)
- Ketcham v. State, 780 N.E.2d 1171 (Ind.Ct.App.2003) (battery as the basis for factual inclusion of involuntary manslaughter)
- Champlain v. State, 681 N.E.2d 696 (Ind.1997) (charging instrument can foreclose lesser offenses if it omits sufficient facts)
- Patterson v. State, 495 N.E.2d 714 (Ind.1986) (consideration of charging instrument and supporting materials for notice of charges)
- Heavrin v. State, 675 N.E.2d 1075 (Ind.1996) (intent and knowledge inferred from circumstances; burden on proof)
- Drane v. State, 867 N.E.2d 144 (Ind.2007) (sufficiency of evidence standard; appellate review of sufficiency)