Raymond James Talor, II v. State of Indiana (mem. dec.)
10A01-1611-CR-2629
| Ind. Ct. App. | Jun 14, 2017Background
- On May 13, 2016, Raymond James Taylor II was in Clark County Jail Pod 3A and sat on a table in violation of jail policy.
- Correctional officers James Disponett and Aaron Lewis twice told Taylor to get off the table; Taylor refused and, when ordered to place his hands behind his back to be taken to lock-down, punched Officer Lewis.
- Officer Lewis suffered two jaw fractures requiring hospitalization, surgery, a plate with six screws, two weeks with his mouth wired shut, and six additional weeks with bands restricting jaw function; he continued to have numbness and pain months later.
- The State charged Taylor with Level 3 felony aggravated battery and alleged he was a habitual offender.
- A jury convicted Taylor of Level 3 aggravated battery; he admitted habitual-offender status and received a 16-year term enhanced by 14 years, for a total of 30 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for Level 3 aggravated battery | The State: evidence shows Taylor knowingly inflicted injury producing protracted impairment (fractured jaw, surgery, wired shut) | Taylor: impairment was limited (2 weeks wired shut + 6 weeks limited function) and not "protracted" | Evidence sufficient; protracted impairment established by fractures, hospitalization, wiring/bands, and continuing numbness/pain |
| Proportionality of sentence under Indiana Constitution Art. I, §16 | The State: legislature may impose harsher penalty for aggravated battery given different mental-state/aim from battery | Taylor: aggravated battery and Level 5 battery (serious bodily injury) are similar and should carry similar punishment | No proportionality violation; aggravated battery involves knowingly/ intentionally inflicting injury and can be punished more severely than mere rude/insolent touching |
Key Cases Cited
- Sallee v. State, 51 N.E.3d 130 (Ind. 2016) (standard for reviewing sufficiency of the evidence)
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (evidence sufficient if reasonable inference supports verdict)
- Mann v. State, 895 N.E.2d 119 (Ind. Ct. App. 2008) (definition of "protracted" impairment and holding that aggravated battery mental state distinguishes it from battery)
- Grundy v. State, 38 N.E.3d 675 (Ind. Ct. App. 2015) (post-assault protracted symptoms can satisfy aggravated battery element)
- Newkirk v. State, 898 N.E.2d 473 (Ind. Ct. App. 2008) (deferential review of legislative sentencing choices under proportionality clause)
- Poling v. State, 853 N.E.2d 1270 (Ind. Ct. App. 2006) (proportionality clause violated where identical elements received different sentences)