Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be
regarded as precedent or cited before any Oct 07 2013, 6:09 am
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:
TIMOTHY J. BURNS GREGORY F. ZOELLER
Indianapolis, Indiana Attorney General of Indiana
KATHERINE MODESITT COOPER
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
MARIE CASTNER, )
)
Appellant-Defendant, )
)
vs. ) No. 49A05-1302-CR-44
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Shatrese M. Flowers, Master Commissioner1
Cause No. 49F19-1210-CM-68744
October 7, 2013
MEMORANDUM DECISION - NOT FOR PUBLICATION
CRONE, Judge
1
The chronological case summary, the abstract of judgment, and the cover page of the transcript list Master
Commissioner Flowers as the presiding judicial officer, but the first and second pages of the transcript indicate that Judge
Rebekah Pierson-Treacy presided at trial.
Marie Castner appeals her conviction for class A misdemeanor battery, claiming that
she hit the victim in self-defense. We affirm.
The facts most favorable to the trial court’s judgment are that on October 3, 2012,
Ashley Lewis had recently broken up with her boyfriend, who is Castner’s brother. Lewis
and Castner had several heated telephone conversations. Lewis went to look for her ex-
boyfriend and was walking through the parking lot of an Indianapolis convenience store
when a car pulled up and Castner got out. Castner walked up to Lewis and cursed at her, and
Lewis cursed at Castner. Castner punched Lewis’s forehead and lip, causing swelling and
redness and pain. Lewis called the police, and Officer Jeffrey Terry arrived. According to
Officer Terry, Lewis told him that Castner had hit her, and Castner admitted that she had
struck Lewis “twice with her fist” and “shouldn’t have done what she did.” Tr. at 27.
The State charged Lewis with class A misdemeanor battery. At the bench trial,
Castner claimed that she “pushed” Lewis away because it “bothered [her] that [Lewis has]
got hepatitis and she’s spitting that close to my face and my eyes are open and my mouth, you
know.” Id. at 50. She further testified, “That’s when [Lewis] came back in my face again
and I blacked out. Obviously that’s when I hit her.” Id. at 52-53. When asked if she hit
Lewis because she was angry, Castner replied, “I wasn’t angry, I don’t even remember hittin’
her.” Id. at 53. The trial court found Castner guilty as charged.
On appeal, Castner concedes that she battered Lewis but claims that she did so “in
trying to protect herself from a serious disease which would have life changing
consequences.” Appellant’s Br. at 7. According to Castner’s own testimony, she may have
2
pushed Lewis away because she was concerned about hepatitis, but she offered no
justification for hitting her. Her self-defense claim is meritless, and therefore we affirm her
conviction.
Affirmed.
BARNES, J., and PYLE, J., concur.
3