Legal Opinion

Govan v. State

Indiana Court of Appeals

Decided September 9, 2009No. 02A03-0902-CR-55PublishedCited by 3 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Morgan K. Govan appeals his convictions for Class C felony battery and Class A misdemeanor battery for branding his long-term girlfriend with a hot knife and hitting her with a cord. Specifically, he contends that the evidence is insufficient to support his convictions because the charges arose out of sadomasochistic sexual practices to which his girlfriend consented. In Indiana, consent is not a defense to battery in most cireumstances. Because the activities in this case involved a deadly weapon, consent is not available as a defense. Furthermore, because…

2Cases cited13 opinions

  1. Drane v. StateIndiana Supreme Court · 2007
  2. Commonwealth v. ApplebyMassachusetts Supreme Judicial Court · 1980
  3. Stephenson v. StateIndiana Supreme Court · 2001
  4. Jaske v. StateIndiana Supreme Court · 1989
  5. Helton v. StateIndiana Court of Appeals · 1993

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Darney R. Karim v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2015
  2. Eddie J. Bates v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018
  3. Morgan Govan v. State of IndianaIndiana Court of Appeals · 2013

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