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P.W. v. State of Indiana (mem. dec.)
66A05-1702-JV-408
| Ind. Ct. App. | Jul 21, 2017
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Background

  • On August 24, 2015, at Winamac Town Park, P.W. told A.P. that E.K. had called A.P. a derogatory name; P.W. admitted to telling A.P. this because A.P. criticized E.K.'s hair.
  • A.P. ran across a bridge to confront E.K.; P.W. ran with her and urged A.P. to "just do it" and said, "if you hit her, I'll hit her."
  • A.P. struck E.K. multiple times from behind and admitted to police that P.W. had relayed the insult and encouraged the confrontation.
  • The State charged P.W. as a delinquent for aiding in a battery (Class B misdemeanor if an adult).
  • After a fact-finding hearing, the trial court found P.W. delinquent and placed her on one year of probation.
  • P.W. appealed, arguing the evidence was insufficient to show she induced A.P. to commit the battery.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether evidence sufficed to show P.W. knowingly aided/induced A.P. to batter E.K. State: P.W. encouraged and accompanied A.P., relayed a provocation, said she would also hit E.K., and failed to oppose the attack. P.W.: Evidence insufficient to prove she induced the battery; asks court to reweigh credibility. Affirmed: Substantial evidence supported that P.W. aided/induced the battery.

Key Cases Cited

  • Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (standard for appellate review of sufficiency of the evidence)
  • Clemons v. State, 996 N.E.2d 1282 (Ind. Ct. App. 2013) (affirming sufficiency review principles)
  • Berry v. State, 819 N.E.2d 443 (Ind. Ct. App. 2004) (factors for determining whether a person aided another in committing a crime)
  • Garland v. State, 788 N.E.2d 425 (Ind. 2003) (same; cited for aiding factors)
Read the full case

Case Details

Case Name: P.W. v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Jul 21, 2017
Docket Number: 66A05-1702-JV-408
Court Abbreviation: Ind. Ct. App.