State v. Chynna Dawn Nuse
44574
| Idaho Ct. App. | Oct 25, 2017Background
- In 2015, Chynna Nuse visited an ER for abdominal pain; a doctor ordered tests and IV fluids and recommended discharge after exam; Nuse refused offered pain medication.
- Nuse became upset, cursed at the doctor, stood on her gurney, and pulled out her IV, flinging it as the doctor backed out of the room.
- The IV did not physically hit the doctor, but IV fluid contacted the doctor’s glasses and two drops of the patient’s blood hit the doctor’s cheek.
- Nuse was charged with battery against a health care worker under Idaho Code §§ 18-903 and 18-915C; the jury was instructed battery includes intentionally touching or striking another person.
- The jury convicted Nuse; the district court withheld judgment and placed her on probation for three years. Nuse appealed, arguing insufficient evidence to show she touched or struck the doctor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ejected IV fluid/blood can satisfy the statutory "striking" element of battery | State: Nuse set in motion an intervening agency (the fluid/blood) that struck the doctor; this satisfies "striking." | Nuse: She did not physically touch the doctor; fluid/contact does not amount to a strike under the statute. | The court held the fluid/blood, set in motion by Nuse, constituted an intervening agency that struck the doctor and supported the conviction. |
Key Cases Cited
- State v. Billings, 137 Idaho 827, 54 P.3d 470 (Ct. App. 2002) (upheld battery where ricocheted pellets struck victims though defendant did not touch them)
- State v. Townsend, 124 Idaho 881, 865 P.2d 972 (1993) (battery may be committed indirectly via an instrumentality such as a motor vehicle)
- State v. Eddins, 156 Idaho 645, 330 P.3d 391 (Ct. App. 2014) (battery can be committed through an intervening agency such as a thrown bottle of acid)