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Anthony Nelson v. State of Indiana (mem. dec.)
49A04-1706-CR-1417
| Ind. Ct. App. | Dec 12, 2017
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Background

  • Anthony Nelson (defendant) is the father of K.N., who was 12 when the events occurred.
  • In November 2016 K.N.’s grandmother (Grandmother) obtained and served a protective order prohibiting Nelson from contacting K.N.; Grandmother later was granted guardianship.
  • Despite service, Nelson left voicemail messages complaining about the protective order and was observed near Grandmother’s mailbox on one occasion.
  • On December 31, 2016, while K.N. was in her bedroom at Grandmother’s house, she heard tapping at her window and saw a hand holding a cellphone displaying a photo of Nelson’s mother; K.N. believed the person was Nelson.
  • The State charged Nelson with Class A misdemeanor invasion of privacy (knowingly violating a protective order by contacting K.N.).
  • After a bench trial the court found Nelson guilty and sentenced him to time served; Nelson appealed claiming insufficient evidence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether sufficient evidence proved Nelson knowingly violated the protective order by contacting K.N. State: testimony and reasonable inferences (voicemails, mailbox sighting, K.N.’s window observation) support conviction. Nelson: evidence was circumstantial and insufficient; no one saw him at the window and witnesses were biased. Affirmed: evidence (including circumstantial and single-witness testimony) was sufficient; appellate court will not reweigh credibility.

Key Cases Cited

  • Drane v. State, 867 N.E.2d 144 (2007) (standard for sufficiency review; view evidence in favor of verdict)
  • Baker v. State, 968 N.E.2d 227 (2012) (verdict may rest on reasonable inferences from evidence)
  • Stewart v. State, 768 N.E.2d 433 (2002) (appellate courts do not reweigh evidence or judge credibility)
  • McCarthy v. State, 749 N.E.2d 528 (2001) (circumstantial evidence or single-witness testimony can support conviction)
Read the full case

Case Details

Case Name: Anthony Nelson v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Dec 12, 2017
Docket Number: 49A04-1706-CR-1417
Court Abbreviation: Ind. Ct. App.