Colon: Indiana Causation-of-Injury Battery Statute Satisfied ACCA's Elements Clause

In Colon v. United States, No. 17-15357 (Aug. 16. 2018) (Ed Carnes, William Pryor, Anderson) (per curiam), the Court held, without oral argument, that Indiana battery statutes satisfied the elements clause of the ACCA.

The Indiana battery statute required the causation of bodily injury, which was defined to include any physical impairment, including pain.  The defendant argued that the causation of physical pain did not satisfy the elements clause.  Relying on its en banc decision in Vail-Bailon, the Court disagreed, reasoning that because the statute required the causation of pain, it was necessary "capable" of causing such pain.