VILLAGRANA v. State
2011 Ind. App. LEXIS 1627
| Ind. Ct. App. | 2011Background
- Villagrana and Jerica Martin have a daughter, N.V., born June 10, 2006.
- On August 9, 2008, Martin left N.V. in the kitchen while she ran errands, entrusting Villagrana to watch her.
- Villagrana believed N.V. was with his aunt and did not realize she was missing until after searching the house.
- The back door could be opened if not locked; it was not secured at the time, allowing N.V. to exit.
- N.V. was found unattended near a neighbor and Shank, and police arrived; Villagrana was later joined by law enforcement.
- Villagrana was convicted of Neglect of a Dependent (Class D felony) but the court reversed on sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proves knowing mens rea | Villagrana acted knowingly | Villagrana acted negligently, not knowingly | Insufficient evidence of knowing; conviction reversed |
Key Cases Cited
- Scruggs v. State, 883 N.E.2d 189 (Ind. Ct. App. 2008) (knowing standard requires subjective awareness of high probability)
- McHenry v. State, 820 N.E.2d 124 (Ind.2005) (sufficiency review; no reweighing of credibility)
- Clark v. State, 728 N.E.2d 880 (Ind. Ct. App. 2000) (standard for reasonable-doubt sufficiency review)