Bailey v. State

OPINION

MAY, Judge.

Christopher Bailey challenges the sufficiency of evidence supporting his convictions of Class B misdemeanor battery 1 and Class B misdemeanor disorderly conduct. 2 We reverse.

FACTS AND PROCEDURAL HISTORY

In 2007, Bailey was a student at Perry Meridian High School. One morning in November, Bailey was waiting in line in the cafeteria to purchase breakfast. Assistant principal Sara Brewer approached Bailey and told him to pull up his pants. Bailey told her: “leave me alone, because, you know, I ain’t in the mood.” (Tr. at 22.) When Bailey started to walk toward another cafeteria…