Michael R. Sudberry v. State of Indiana

OPINION

CRONE, Judge.

Case Summary

During a physical altercation, Michael R. Sudberry threw a pan of hot water on his brother, who sustained second degree burns. At trial, Sudberry raised the defense of self-defense. Thereafter, the State was allowed to present evidence that Sudberry had previously threatened his brother. The jury found Sudberry guilty of battery resulting in serious bodily injury.

On appeal, Sudberry argues that the trial court abused its discretion by admitting testimony about his earlier threat because it was too remote in time to be probative of his intent. The threat was…