Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hudson v. State

Court of Appeals of Indiana

October 30, 2019

Kayla N. Hudson, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Madison Circuit Court Trial Court Cause No. 48C04-1808-F1-1965 The Honorable David A. Happe, Judge

          Attorney for Appellant Anthony C. Lawrence Anderson, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

          Pyle, Judge.

         Statement of the Case

         [¶1] Kayla N. Hudson ("Hudson") appeals her aggregate forty-year sentence imposed after she pled guilty to Level 1 felony neglect of a dependent causing death[1] to her daughter and Level 3 felony neglect of a dependent resulting in serious bodily injury[2] to her son. Hudson argues that: (1) the trial court abused its discretion in its determination of aggravating and mitigating circumstances; and (2) her aggregate sentence is inappropriate. Concluding that the trial court did not abuse its discretion and that Hudson's sentence is not inappropriate, we affirm her sentence.

         [¶2] We affirm.

         Issues

1. Whether the trial court abused its discretion when sentencing Hudson.
2. Whether Hudson's sentence is inappropriate.

         Facts

         [¶3] Hudson had two children, including son R.H. ("R.H.") and daughter P.H. ("P.H.") (collectively, "the children"). On the evening July 28, 2018, Hudson went to work and left twenty-three-month-old P.H. and three-year-old R.H. in the care of her boyfriend, Ryan Ramirez ("Ramirez"). Hudson did so even though she knew that Ramirez had physically abused the children on multiple occasions. Ramirez, along with the children, picked up Hudson from work that evening. R.H. had bruising on his body and legs and swollen eyes. Hudson went into a Walmart store to buy cover-up cream to mask the bruising and green tea bags to put on R.H.'s eyes to reduce the swelling before a scheduled doctor's appointment for the following day. When they all got home, Ramirez carried P.H. into the house and put her to bed.

         [¶4] The following morning, around 6:15 a.m., Hudson was "worried" about P.H. because she had "not heard any sounds coming from her" during the night. (Tr. Vol. 2 at 11). When Hudson checked on P.H., she noticed that the child was unresponsive, not breathing, and cold to the touch. Hudson did not call for medical help. Instead, Hudson undressed P.H. and placed her in a warm bath, attempting to raise her body temperature. Hudson noticed that P.H. had bruises on her. After the bath failed to yield the desired results, Hudson attempted to do CPR on the child. Hudson still did not call for medical help. Eventually, Hudson put P.H. in a diaper, dressed her, and took her to the emergency room, where they arrived at 6:49 a.m. P.H. had "multiple contusions and abrasions to her face, head, and body," and these injuries were "apparent to everyone" at the hospital. (Tr. Vol. 2 at 13). P.H. was pronounced dead at 7:06 a.m. An autopsy report was later conducted, and it revealed "two deep liver lacerations accompanied by a measured 410 ml of blood in the abdomen as well as fracture of the right occipital skull, subdural staining overlying the left parietal lobe of the brain and very numerous contusions involving the head, trunk and upper and lower extremities." (State's Ex. Vol. at 6). The report also revealed that P.H. had a "[f]aint circumferential contusion encircling [her] anus and involving the perineum[.]" (State's Ex. Vol. at 6). The autopsy report listed P.H.'s cause of death as "[m]ultiple blunt force injuries with liver lacerations and hemoperitoneum" and the manner of death as "Homicide[.]" (State's Ex. Vol. at 4).

         [¶5] R.H. was also at the hospital with Hudson. The hospital staff examined R.H., who was "covered with a myriad of contusions and abrasions," and then sent him to Riley Hospital. (Tr. Vol. 2 at 12). Further examination revealed that R.H.'s injuries included "multiple contusions, a fracture to the distal right ulnar diaphysis, a buckle fracture to the ninth rib, an old fracture of the right distal radial diaphysis, a healed fracture at the base of the metatarsal." (Tr. Vol. 2 at 12-13). R.H. also had elevated liver enzymes, indicating that his liver had been bruised and was healing. Additionally, R.H. had petechiae in his left eye that was the result of "a lot of force" to his head, a distended stomach, a bald spot on the top ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.