State v. Hobbs

After being escorted outside a bar, Defendant was involved in a fight with Scott Nienke. Defendant punched Nienke, and Nienke fell backwards and down to the ground, hitting his head on the bumper of a car. Nienke suffered a serious, life-threatening injury but ultimately survived. After a jury trial, Defendant was convicted of aggravated battery. Defendant appealed, contending that there was insufficient evidence to find him guilty of aggravated battery under Kan. Stat. Ann. 21-5413(b)(1)(A) because the statute required that he intentionally caused the great bodily harm. The Court of Appeals affirmed, concluding that only the underlying act that caused the great bodily harm must be intentional. The Supreme Court affirmed, holding (1) section 21-5413(b)(1)(A) requires proof that an aggravated battery defendant acted while knowing that some type of great bodily harm or disfigurement of another person was reasonably certain to result from the defendant’s action; and (2) the evidence against Defendant was sufficient to uphold his conviction of aggravated battery. View "State v. Hobbs" on Justia Law