Dadouch v. State, 031419 INCA, 18A-CR-745

Docket Nº:18A-CR-745
Opinion Judge:BRADFORD, JUDGE.
Party Name:Mohamed M. Dadouch, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
Attorney:Attorney for Appellant Mark Small Indianapolis, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana
Judge Panel:Bailey, J., and Brown, J., concur.
Case Date:March 14, 2019
Court:Court of Appeals of Indiana
 
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Mohamed M. Dadouch, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff.

No. 18A-CR-745

Court of Appeals of Indiana

March 14, 2019

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

Court of Appeals Case No. 18A-CR-745 Appeal from the Knox Superior Court Trial Court Cause No. 42D02-1706-CM-477 The Hon. Ryan S. Johanningsmeier, Judge

Attorney for Appellant Mark Small Indianapolis, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

BRADFORD, JUDGE.

Case Summary

[¶1] Mohamed Dadouch and his wife R.D. had a disagreement about whether to discipline their child Z.D. Dadouch wished to leave with Z.D., and when R.D. intervened, he punched her in the mouth and pushed her. Dadouch was tried to the bench and found guilty of Class A misdemeanor domestic battery. Dadouch claims that he did not validly waive his right to be tried by a jury and that the State produced insufficient evidence to sustain his conviction. Because we disagree, we affirm.

Facts and Procedural History

[¶2] On June 11, 2017, Dadouch was playing outside with his son Z.D. in Oaktown when Z.D. screamed as though he were being hurt. R.D., Dadouch's wife and Z.D.'s mother, told Z.D. that he should not scream like that, which upset Dadouch. A short while later, Dadouch, who was still outside and angry, wished to leave with Z.D., who had come inside. R.D. told Z.D. that he could not go, which further upset Dadouch. Dadouch attempted to push by R.D., who was standing in the doorway, and punched her in the mouth, causing her injury. R.D. also had a mark on her neck that occurred when Dadouch was attempting to push by her. Knox County Sheriff's Deputy Justin McBee was dispatched to the scene and noticed that R.D. had a swollen mouth and that her neck was red. Dadouch admitted to Deputy McBee that he had touched and pushed R.D.

[¶3] On June 14, 2017, the State charged Dadouch with Class A misdemeanor domestic battery. Dadouch hired his own counsel and appeared with his attorney at an initial hearing on June 21, 2017. That day, Dadouch signed an advisement-of-rights form provided by the trial court, which provided, in part, as follows: "You have a right to have a trial and for that trial to be public, speedy, and by jury. This right to a jury trial can be lost if you do...

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