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