26A-CR-00356•Kim Joseph Bassett v. State of Indiana
Gesamter Gesetzestext
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 1 of 12 Pursuant to Indiana Appellate Rule 65(E), the trial court and parties shall not take any action in reliance upon this memorandum decision until it is certified. MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case. I N T H E Court of Appeals of Indiana Kim Joseph Bassett, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff October 20, 2026 Court of Appeals Case No. 26A-CR-356 Appeal from the Johnson Circuit Court The Honorable Andrew S. Roesener, Judge Trial Court Cause No. 41C01-2306-F6-442 Memorandum Decision by Judge Brown Judges Kenworthy and Scheele concur.
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 2 of 12 Brown, Judge. [1] Kim Joseph Bassett appeals his conviction for strangulation as a level 6 felony and the trial court’s restitution order. We affirm. Facts and Procedural History [2] At about 10:30 p.m. on June 10, 2023, Bassett knocked on the door at O.C.’s residence, O.C. opened the door, and he entered the residence. O.C. and Bassett had been dating, and O.C. believed that Bassett had been drinking. O.C. repeatedly told Bassett that he could not stay and to leave, and they argued. Bassett was on the couch, and O.C.’s laptop “was sitting right next to the couch on [a] cushion.” Transcript Volume I at 44. Bassett stood up, “started . . . pacing back and forth, angry,” and stated “where the f---’s my phone.” Id. Bassett “picked up [O.C.’s] laptop” and was “pacing with [the] laptop.” Id. Then Bassett, “all of a sudden, throws it, swings it across the room, hits the wall” and, “before [O.C.] could even turn around to look at him, he [] had a hold of [her] and just drove [her] towards the couch,” id. at 44-45, and her head struck the wall “right above . . . the couch,” leaving an indentation “where her head hit the drywall.” Id. at 32. “It happened so quick,” and O.C. “didn’t even have time to look at the wall [or] laptop and then look at him.” Id. at 45. Bassett “then [] grabbed [O.C.] again and threw [her] on the couch.” Id. The couch “split” or “snapped in half.” Id. at 32, 50. Bassett “started strangling” O.C. with both of his hands, she thought he was going to kill her, and she “couldn’t take a breath.” Id. at 45. After Bassett
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 3 of 12 released her, O.C. ran outside and to a neighbor’s house, and the neighbor let O.C. inside and called 911. The following day, O.C. went to the hospital. [3] The State charged Bassett, as amended, with: Count I, strangulation as a level 6 felony; Count II, domestic battery as a class A misdemeanor; and Count III, criminal mischief as a class A misdemeanor. The case proceeded to a bench trial beginning on August 26, 2024. The State presented the testimony of O.C., who testified as to the damage to her laptop, to her couch, and to two areas of the wall, one where the laptop struck the wall and the other where her head struck the wall. Following a recess, the court stated that the prosecutor and Bassett’s counsel indicated that a resolution had been reached. The court stated that Bassett would plead guilty to Count I and restitution would be argued at the time of sentencing. Bassett admitted that he did, “in a rude, insolent and/or angry manner knowingly and/or intentionally apply pressure to the throat or neck of [O.C.] in a manner that impeded normal breathing or blood circulation of [O.C.].” Id. at 96. The court accepted Bassett’s guilty plea to Count I. [4] On November 4, 2024, Bassett appeared with new counsel. The court stated: We’re here today for sentencing. [O]ne of the things I need to do before we move into this, Mr. Bassett, is to disclose to you [] that one of the partners in the firm that represents you is related to me by marriage. That’s Mr. Baldwin. He’s obviously not here today. [B]ecause of that relationship – that familial relationship – I’m not allowed to hear any cases where Mr. Baldwin is counsel. As it relates to the other members of that firm, I am allowed to hear those cases, but I have to disclose, as I am now, on the record the nature of that relationship and give you an opportunity to tap out if you don’t think that I’m the person to hear this case. [Defense
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 4 of 12 counsel] may have explained that to you already. If he hasn’t, I’m telling you now. [I]f you decide you don’t think I’m the guy to hear the case, I think I’m compelled to honor that and I won’t hold it against you or be upset, but I need to disclose the nature of that to you. If you want a moment before we proceed to talk with [defense counsel] about that to the extent that you haven’t, I’m happy to give you an opportunity to do that. Id. at 102. Bassett replied: “It’s not necessary, Your Honor. It’s okay with me.” Id. The prosecutor indicated the State did not object. The court stated, “[w]e’ll show that the conflict, or at least potential conflict has been disclosed and it’s been waived.” Id. at 102-103. The court asked, “do the parties agree that we need to enter a domestic violence determination on this case,” and defense counsel replied, “[w]e would request not. He’s plead guilty to Strangulation, not an actual Domestic Battery.” Id. at 103. After a recess, Bassett asked for a continuance, which the court granted. [5] On December 10, 2024, Bassett filed a motion to withdraw his guilty plea alleging that he “agreed to the plea, at least in part, because he was trying to avoid having a domestic violence determination, which would prohibit him from possessing firearms,” he “was not advised by his counsel at the time that a strangulation conviction would also result in a domestic violence determination,” and “[h]ad he been made aware, he would have rejected the plea offer and proceeded to trial.” Appellant’s Appendix Volume II at 117. The court granted Bassett’s motion.
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 5 of 12 [6] In July 2025, Bassett filed a request for leave to take a deposition of O.C., stating that prior counsel had conducted a deposition of O.C., the State failed to preserve any recording of the deposition, and no transcript was made. Following a hearing, the court issued an order stating that Bassett had “two (2) hours of [O.C.’s] detailed trial testimony annotating the timing, mechanics, motives, and circumstances surrounding the crimes allegedly committed,” granting Bassett’s motion in part, and ordering that Bassett was “permitted to conduct a deposition of [O.C.] for a duration of no longer than twenty (20) minutes.” Id. at 167, 169. [7] The court resumed the bench trial on November 24, 2025. The State dismissed Count III. The State presented further testimony, without objection, regarding the damage to the drywall and laptop. O.C. was present, but Bassett decided not to call her as a witness. The court found Bassett guilty on Counts I and II. The court did not enter judgment on Count II due to double jeopardy concerns. At sentencing, the State introduced and the court admitted, without objection, exhibits showing that O.C. incurred costs for medical treatment of $7,304.88, drywall repair of $475, a replacement laptop of $961.92, and a replacement couch of $695.48. The court sentenced Bassett to 365 days with 180 days suspended and ordered him to pay restitution in the amount of $9,437.28. Discussion [8] Bassett asserts the trial judge should have recused himself, his confrontation rights were violated, and the court erred in its restitution order.
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 6 of 12 A. Trial Judge [9] Bassett claims the trial judge should have recused himself because one of the partners in the firm that represented him was related to the trial judge by marriage. When Bassett appeared with his new counsel, the judge disclosed, “one of the partners in the firm that represents you is related to me by marriage. That’s Mr. Baldwin” and gave Bassett an opportunity to object or request that the judge not hear the case. Transcript Volume I at 102. Bassett replied, “[i]t’s not necessary, Your Honor. It’s okay with me.” Id. The judge stated, “[w]e’ll show that the conflict, or at least potential conflict has been disclosed and it’s been waived.” Id. at 102-103. Bassett did not object and thus has waived his claim. See Curtis v. State, 948 N.E.2d 1143, 1148 (Ind. 2011) (issue not raised before trial court is waived on appeal). Further, Bassett does not allege fundamental error. Waiver notwithstanding, the attorney related by marriage to the judge did not participate in the proceedings, and we find no reversible error. See Henderson v. State, No. 22A-CR-2298, 2023 WL 6120623 at *10-11 (Ind. Ct. App. Sep. 19, 2023) (“During a pre-trial hearing . . . the trial judge disclosed the conflict of interest between him and Henderson’s co-counsel, Andrew Baldwin. . . . Henderson waived the conflict of interest. Waiver notwithstanding, we fail to see how Henderson was prejudiced based on this alleged error. Although Attorney Baldwin entered an appearance on Henderson’s behalf, he did not participate in the bench trial or sentencing hearing. Henderson has not shown a clear and blatant violation of a basic
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 7 of 12 principle of due process. Therefore, there was no fundamental error.”) (footnote omitted), trans. denied.1 [10] Bassett also claims it was improper for the same trial judge who heard his guilty plea to conduct the bench trial. However, Bassett failed to raise this issue below and does not assert fundamental error. Waiver notwithstanding, we cannot say reversal is warranted. We presume that the trial judge is unbiased, Bloomington Mag., Inc. v. Kiang, 961 N.E.2d 61, 64 (Ind. Ct. App. 2012), and knows the law. Crider v. State, 984 N.E.2d 618, 624 (Ind. 2013). We cannot say the mere fact that the trial judge presided over Bassett’s guilty plea proceedings and later presided over his bench trial, without more, establishes bias or prejudice. See Brim v. State, 471 N.E.2d 672, 674 (Ind. 1984) (“Here, appellant chose to withdraw his plea after the commencement of the guilty plea hearing. The fact that the judge presiding at that hearing also conducted appellant’s bench trial was not sufficient to require a change of judge.”). B. Right to Confrontation [11] Bassett next asserts that “the twenty-minute time limitation the trial court imposed on [his] deposition of O.C. was a violation of the Sixth Amendment 1 Bassett also cites Rule 2.11 of the Indiana Code of Judicial Conduct. “A judge’s obligations under that Code, however, ‘do not create freestanding rights of enforcement in private parties.’ Rather, a judge’s obligations are first enforced by the individual judge against himself and later by disciplinary actions of our Supreme Court if necessary.” Henderson, 2023 WL 6120623 at *11 n.13 (quoting Mathews v. State, 64 N.E.3d 1250, 1255 (Ind. Ct. App. 2016), trans. denied).
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 8 of 12 right to Confrontation.” Appellant’s Brief at 19. The Indiana Supreme Court has held The Confrontation Clause provides criminal defendants with the right “to confront the witnesses against him,” [Pointer v. Texas, 380 U.S. 400, 403, 85 S. Ct. 1065 (1965)], but it “only protects a defendant’s trial rights, and does not compel the pretrial production of information that might be useful in preparing for trial,” Pennsylvania v. Ritchie, 480 U.S. 39, 53 n.9, 107 S. Ct. 989 (1987) (plurality opinion). “[I]t is this literal right to ‘confront’ the witness at the time of trial that forms the core of the values furthered by the Confrontation Clause.” California v. Green, 399 U.S. 149, 157, 90 S. Ct. 1930 (1970). The right to confrontation is a trial right—not a pretrial right. See Ritchie, 480 U.S. at 52, 107 S. Ct. 989 (rejecting a similar argument which would effectively “transform the Confrontation Clause into a constitutionally compelled rule of pretrial discovery”). Indeed, the original “primary object” of the Confrontation Clause was to “prevent depositions . . . [from] being used against the prisoner in lieu of a personal examination and cross-examination of the witness” at trial. Mattox v. United States, 156 U.S. 237, 242, 15 S. Ct. 337 (1895) (emphasis added). Church v. State, 189 N.E.3d 580, 593 (Ind. 2022). [12] The record reveals that Bassett’s counsel thoroughly cross-examined O.C. during the bench trial that began on August 26, 2024. When the trial resumed, the parties agreed that the court could consider O.C.’s prior testimony, and O.C. was present and available to testify but Bassett did not call her as a witness. Reversal on this basis is not warranted. C. Restitution Order
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 9 of 12 [13] Finally, Bassett challenges the court’s restitution order. The court ordered Bassett to pay restitution in the total amount of $9,437.28, which consisted of $7,304.88 for O.C.’s medical treatment, $475 for drywall repair, $961.92 for a replacement laptop, and $695.48 for a replacement couch. Bassett does not assert that restitution based on O.C.’s medical treatment was improper. Rather, he argues restitution based on the damage he caused to O.C.’s wall, couch, and laptop related to the charge of criminal mischief under Count III which the State dismissed. [14] The principal purpose of restitution is to vindicate the rights of society and to impress upon the defendant the magnitude of the loss the crime has caused. Pearson v. State, 883 N.E.2d 770, 772 (Ind. 2008). Restitution also serves to compensate the offender’s victim. Id. Ind. Code § 35-50-5-3(a) provides in part that the court shall base its restitution order upon a consideration of “(1) property damages of the victim incurred as a result of the crime, based on the actual cost of repair (or replacement if repair is inappropriate)” and “(2) medical and hospital costs incurred by the victim (before the date of sentencing) as a result of the crime.” [15] The Indiana Supreme Court has held that, “[b]y statute, restitution shall be based on damage ‘incurred as a result of the crime’” and, “[w]hile this statute is to be strictly construed against the state, Morgan v. State, 49 N.E.3d 1091, 1094 (Ind. Ct. App. 2016),” the trial court “abuses its discretion in ordering restitution ‘only if no evidence or reasonable inferences therefrom support the trial court’s decision,’ Little v. State, 839 N.E.2d 807, 809 (Ind. Ct. App. 2005)
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 10 of 12 (emphasis added).” Archer v. State, 81 N.E.3d 212, 216 (Ind. 2017). This Court has held that “a restitution order must reflect a loss sustained by the victim ‘as a direct and immediate result’ of the defendant’s criminal acts.” Morgan, 49 N.E.3d at 1094 (citing Rich v. State, 890 N.E.2d 44, 51 (Ind. Ct. App. 2008), trans. denied). The amount of actual loss is a factual matter to be determined upon the presentation of evidence. Id. [16] The record reveals that, after O.C. repeatedly told Bassett to leave, he started “pacing back and forth, angry,” he picked up the laptop, “all of a sudden, [threw] it,” and before O.C. “could even turn around . . . he [] had a hold of [her] and just drove [her] towards the couch,” and her head struck the wall above the couch, leaving an indentation in the drywall. Transcript Volume I at 44-45. Bassett grabbed O.C. and threw her on the couch, the couch “snapped in half,” and Bassett strangled O.C. with both of his hands. Id. at 32. At the sentencing hearing, when the prosecutor introduced the exhibits showing the costs incurred by O.C. pertaining to the damage to the wall, laptop, and couch, Bassett’s counsel stated, “There’s no objection, Your Honor.” Id. at 208. Bassett’s counsel made no argument regarding restitution or that any restitution should exclude any costs incurred by O.C. related to the wall, laptop, and couch. We also note that, in his statement of facts in his brief, Bassett acknowledges that he threw O.C.’s computer, held her, and drove her toward the couch. We cannot say there is “no evidence or reasonable inferences therefrom,” see Archer, 81 N.E.3d at 216, supporting the determination that the damage to O.C.’s property occurred as a “direct and immediate result” of
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 11 of 12 Bassett’s criminal acts. See Morgan, 49 N.E.3d at 1094. We decline to find the fact that the State dismissed Count III necessarily precluded the court from ordering restitution related to O.C.’s property damage. As long as the evidence and reasonable inferences support the conclusion that O.C. sustained the losses as a direct and immediate result of Bassett’s criminal acts—which we find is the case—we will not disturb the trial court’s order.2 [17] For the foregoing reasons, we affirm Bassett’s conviction and the trial court’s restitution order. [18] Affirmed. Kenworthy, J., and Scheele, J., concur. 2 Bassett cites Turpen v. State, 280 N.E.3d 881 (Ind. Ct. App. 2026). In that case, Chasity Turpen was found in a state of intoxication caused by her use of alcohol or a controlled substance, and the State charged her with criminal mischief and public intoxication. 280 N.E.3d 881, 882 (Ind. Ct. App. 2026). Turpen pled guilty to public intoxication, and the State dismissed the criminal mischief count. Id. At a restitution hearing, Whitney Baker testified that Turpen pulled into a parking spot, “started cussing” at her, and “got so close” to her car, and Baker stated “[t]here is still the dent in my car” and “multiple scratch marks.” Id. at 883. Baker stated “that she received an estimate of $964.96 to repair the damage to her vehicle,” and the trial court indicated it would order restitution of that amount. Id. On appeal, Turpen argued that she did not plead guilty to the criminal mischief charge “nor did she lay a factual basis that would support a restitution order for that alleged conduct.” Id. This Court held that, in light of the dismissal of the criminal mischief charge and the record, the court abused its discretion in ordering that Turpen pay restitution. Id. at 886. Unlike in Turpen, where the defendant pled guilty to public intoxication and the factual basis did not include evidence supporting a restitution order, in this case evidence was presented at Bassett’s bench trial regarding his attack upon O.C., the timing and nature of Bassett’s actions, and when and how during the assault the property damage occurred. We find Turpen distinguishable.
Court of Appeals of Indiana | Memorandum Decision 26A-CR-356 | October 20, 2026 Page 12 of 12 ATTORNEY FOR APPELLANT Cynthia M. Carter Law Office of Cynthia M. Carter, LLC Indianapolis, Indiana ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General of Indiana Robert M. Yoke Deputy Attorney General Indianapolis, Indiana
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