Miguel Cruz Luna v. State of Indiana
CourtIndiana Court of Appeals
Date FiledOctober 16, 2026
Docket26A-CR-00976
JudgeJudge Bailey
StatusPublished
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Full Opinion
Pursuant to Ind. Appellate Rule 65(E), the trial court and parties shall not take any
action in reliance upon this Opinion until it is certified.
FILED
Oct 16 2026, 9:06 am
CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
IN THE
Court of Appeals of Indiana
Miguel Cruz Luna,
Appellant-Defendant
v.
State of Indiana,
Appellee-Plaintiff
October 16, 2026
Court of Appeals Case No.
26A-CR-976
Appeal from the Porter Superior Court
The Honorable Michael A. Fish, Judge
Trial Court Cause No.
64D01-2404-F5-3369
Opinion by Judge Bailey
Judges Bradford and Altice concur.
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Bailey, Judge.
Case Summary
[1] A jury found Miguel Cruz Luna guilty of Level 5 felony strangulation, Level 6
felony domestic battery, and Class A misdemeanor intimidation. On appeal,
Luna argues that the trial court committed reversible error in admitting certain
testimony and that the State failed to present sufficient evidence to support his
domestic battery conviction. We affirm.
Facts and Procedural History
[2] Luna first met J.M. in January 2022, and they started dating. In late March
2024, they were living together in a trilevel residence in Chesterton. J.M. had a
fourteen-year-old daughter and an eight-year-old son who lived there “off and
on.” Tr. Vol. 3 at 152. J.M. was thirty-four weeks pregnant with Luna’s child.
J.M. was not working and relied on Luna for transportation.
[3] On the afternoon of March 28, Luna let J.M. use his truck to take her daughter
to a softball game. During the game, Luna called her and accused her “of
leaving the game.” Id. at 156. Luna was “upset.” Id. at 157. J.M. “told him that
[she] didn’t leave the game.” Id. The game ended around 6:00 p.m. When J.M.
returned home, “[i]t was just [she] and [her] kids there.” Id. At some point,
Luna came home for approximately fifteen minutes and then “went to a bar to
play pool.” Id. at 158.
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[4] Luna returned home around 1:00 or 2:00 a.m. and appeared to be intoxicated.
“He was angry and yelling at [J.M.] and accusing [her] of stuff that [she] was
not doing[,]” i.e., that she “had left [her] daughter’s softball game and [gone]
somewhere.” Id. at 158-59. The argument started in their bedroom, which was
on the upper level of the home. The bedroom door was closed, and Luna “kept
telling [J.M.] to be quiet so the kids wouldn’t wake up.” Id. at 162. The children
did not have their own bedrooms: J.M.’s daughter was sleeping on a couch in
the “open basement[,]” and her son was sleeping on a couch on the main level.
Id. at 194.
[5] Luna took J.M.’s phone, grabbed the back of her head, and choked her. Over
the course of approximately five hours, he choked her five or six times, and she
was unable to breathe on two of those occasions. He also hit her in the face
with her phone and “raised a bottle of Hennessy like he was going to hit [her] in
the head with it.” Id. at 160. He called her names, punched her in the eye, and
grabbed her and held her down, all of which left multiple bruises and scratches
on her face, neck, chest, wrists, and arms. Luna threw J.M.’s phone at her “a
couple times[,]” left the room, “and then would come right back” and retrieve
it. Id. at 161. When J.M. did have possession of her phone, she did not call an
ambulance or the police because she “was worried [Luna] might hurt [her
children].” Id. at 221. Luna would not let J.M. leave the room.
[6] At approximately 7:00 or 8:00 a.m., J.M.’s son woke up because “[i]t was just
morning time.” Id. at 162. Luna gave him some breakfast, “hooked up [a]
camper to the truck[,]” and tried to get J.M. to go to Tennessee with him and
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“let [her] kids go to their dad.” Id. Luna then left “to go get gas or
something[.]” Id. at 163. J.M., who had regained possession of her phone, took
a photo of her “black eye[,]” sent it to her neighbor, and “asked her to come
pick [her] up.” Id. The neighbor picked up J.M. and her children and took them
to “her house for a little bit[.]” Id. at 186. The neighbor tried to get J.M. to go to
the police station, but J.M. “wanted to go to the hospital to make sure [her]
baby was okay[,]” which it was. Id. at 165. After J.M. arrived at the hospital,
Chesterton Police Department Officer Jorge Perez interviewed her and took
photos of her injuries.
[7] The State charged Luna with strangulation, as a Level 5 felony; domestic
battery, as a Level 6 felony; and intimidation, as a Class A misdemeanor. In
February 2026, the court held a two-day jury trial, during which J.M. testified
to the foregoing and Officer Perez’s photos of her injuries were admitted into
evidence. The jury found Luna guilty as charged. The trial court imposed an
aggregate sentence of seven years executed. Luna now appeals his convictions.
Discussion and Decision
Issue One: Admission of Evidence
[8] After Officer Perez and J.M. testified for the State, the prosecutor called Erin
Erickson to the stand. Erickson is the director of client and community services
at a domestic violence shelter in northwest Indiana. Erickson acknowledged
that she knew nothing about Luna’s case and that the shelter had nothing to do
with the case. The prosecutor elicited testimony regarding Erickson’s
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qualifications, different types of domestic violence, and various “red flags” that
she looked for “[w]hen speaking with victims of domestic violence[.]” Id. at
243. Defense counsel made numerous objections to Erickson’s testimony based
on relevancy and/or foundation, and the court overruled some objections and
sustained others.
[9] On appeal, Luna argues that Erickson’s testimony was irrelevant, lacked
foundation, and was unfairly prejudicial (an objection that was not raised
below), and thus the trial court committed reversible error in admitting it. The
State argues that Luna waived some of his claims and that any error in the
admission of the testimony was harmless. We elect to decide the issue on
harmless error grounds.1
[10] “An error in the admission or exclusion of evidence will be found to be
harmless if its probable impact on the jury, in light of all the evidence in the
case, is sufficiently minor so as not to affect the substantial rights of the parties.”
Jones v. State, 218 N.E.3d 3, 12 (Ind. Ct. App. 2023) (citation modified), trans.
denied; see also Ind. Appellate Rule 66(A). Under the probable-impact test, “the
party seeking relief bears the burden of demonstrating how, in light of all the
evidence in the case, the error’s probable impact undermines confidence in the
outcome of the proceeding below.” Hayko v. State, 211 N.E.3d 483, 492 (Ind.
2023), cert. denied.
1
The State points out that Luna does not raise any claims of fundamental error.
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Importantly, this is not a review for the sufficiency of the
remaining evidence; it is a review of what was presented to the
trier of fact compared to what should have been presented. And
when conducting that review, we consider the likely impact of
the improperly admitted or excluded evidence on a reasonable,
average jury in light of all the evidence in the case. Ultimately,
the error’s probable impact is sufficiently minor when—
considering the entire record—our confidence in the outcome is
not undermined.
Id. (citation omitted).
[11] At trial, J.M. testified unequivocally that Luna battered and strangled her and
intimidated her by threatening to hit her in the head with the Hennessy bottle.
She further testified that he inflicted the injuries documented in the photos
taken by Officer Perez, which corroborated her testimony. Defense counsel
questioned J.M. about some of the statements she made to Officer Perez and
why she waited several hours to go to the hospital; second-guessed the
thoroughness of the police investigation; and criticized the State’s decision not
to publish J.M.’s phone and medical records and call additional witnesses (such
as J.M.’s children and the neighbor who took her to the hospital). But the
identity of J.M.’s assailant was never in any serious doubt. Moreover, neither
defense counsel nor the prosecutor mentioned Erickson’s brief testimony in
closing arguments at the conclusion of the two-day trial.2 Luna has failed to
2
Erickson’s testimony spans a twenty-one-page portion of the transcript, much of which is taken up by
objections, responses, and trial court rulings thereon.
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undermine our confidence in the outcome of his trial, so we conclude that any
error in the admission of Erickson’s testimony was harmless.3
Issue Two: Sufficiency of Evidence
[12] Luna also contends that the State failed to present sufficient evidence to support
his Level 6 felony domestic battery conviction. “When reviewing the sufficiency
of the evidence to support a conviction, our role is to consider only the
probative evidence and reasonable inferences supporting the verdict.”
Carmouche v. State, 188 N.E.3d 482, 485 (Ind. Ct. App. 2022). “We will not
reassess witness credibility or reweigh the evidence.” Id. “Where a conviction is
based, at least in part, on circumstantial evidence, the evidence need not
overcome every reasonable hypothesis of innocence.” Johnson v. State, 9 N.E.3d
186, 191 (Ind. Ct. App. 2014) (citation and quotation marks omitted), trans.
denied. “We must affirm if the evidence and the reasonable inferences drawn
therefrom could have allowed a reasonable trier of fact to find the defendant
guilty beyond a reasonable doubt.” Morales v. State, 227 N.E.3d 183, 188 (Ind.
Ct. App. 2024), trans. denied.
3
Luna asserts that “[t]his case essentially came down to a credibility determination” and that “‘[e]vidence
which would support the credibility of a person cannot be said to be harmless when the conviction rested
primarily on the credibility of the witness.’” Appellant’s Br. at 21 (quoting Hamilton v. State, 49 N.E.3d 554,
556 (Ind. Ct. App. 2015), opinion on reh’g). But in Hamilton, in which we reversed the defendant’s child
molesting convictions due to the erroneous admission of vouching testimony, “[t]here was no corroborating
evidence of Hamilton’s guilt apart from the testimony of” his alleged victims. 43 N.E.3d 628, 634 (Ind. Ct.
App. 2015), reh’g granted, trans. denied. Here, Officer Perez’s photos of J.M.’s injuries corroborated her
testimony that she was battered and strangled by Luna.
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[13] A person commits domestic battery, as a Class A misdemeanor, by knowingly
or intentionally touching a family or household member in a rude, insolent, or
angry manner. Ind. Code § 35-42-2-1.3(a)(1). The offense is elevated to a Level
6 felony if the person commits the offense “in the physical presence of a child
less than sixteen (16) years of age, knowing that the child was present and
might be able to see or hear the offense.” I.C. § 35-42-2-1.3(b)(2).
[14] Luna contends that the evidence did not establish that he committed domestic
battery in the physical presence of J.M.’s children. He argues that “‘physical
presence’ does not encompass the situation in this case: where the children are
on a different floor and do not see the incident.” Appellant’s Br. at 24. But
Luna’s argument disregards that the domestic battery statute does not require
that a child actually see the offense; it requires only that the defendant know
that a child is present and “might be able to see or hear the offense.” I.C. § 35-42-
2-1.3(b)(2) (emphases added). J.M. testified that Luna “kept telling [her] to be
quiet so the kids wouldn’t wake up[,]” Tr. Vol. 3 at 162, which is circumstantial
evidence that Luna knew that the children were present and that one or both of
them might have been able to hear him battering J.M.
[15] The legislature has not defined “physical presence” as used in the domestic
battery statute, but the plain meaning of that phrase clearly encompasses a zone
of presence in which a child might be able to see or hear the offense. “We must
give effect to the plain and ordinary meaning of statutory terms, and there is a
presumption that the legislature intended the statutory language to be applied
logically and consistently with the statute’s underlying policy and goals.”
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Rodriguez v. State, 129 N.E.3d 789, 796 (Ind. 2019) (citation modified). The
underlying policy and goals of Indiana Code Section 35-42-2-1.3(b)(2) are to
impose a more severe penalty for domestic batteries that are committed in
proximity to a child who the defendant knows might see or hear the offense. As
stated above, the evidence established that Luna knew that the children were
present and that one or both of them might have been able to hear the offense.
Accordingly, we affirm his conviction for domestic battery as a Level 6 felony.
[16] Affirmed.
Bradford, J., and Altice, J., concur.
ATTORNEY FOR APPELLANT
James E. Harper
Harper & Harper, LLC
Valparaiso, Indiana
ATTORNEYS FOR APPELLEE
Theodore E. Rokita
Indiana Attorney General
Daylon L. Welliver
Supervising Deputy Attorney General
Indianapolis, Indiana
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