In Re: The Matter of C.L., a Delinquent v. State of Indiana
2014 Ind. App. LEXIS 32
| Ind. Ct. App. | 2014Background
- Landis, grandfather, was held hostage by CL for several days; CL demanded a $3,500 portion of a $5,000 loan to buy a car.
- Landis attempted to leave; CL prevented him and threatened violence if he left or didn't provide funds.
- Threats included future-oriented statements like dragging Landis back and killing him if Landis did not comply.
- State filed a delinquency petition alleging three intimidation counts and one marijuana count.
- Factfinding hearing began May 22, 2013; Landis testified the threats were conditional and tied to future actions.
- Juvenile court adjudicated CL delinquent on one count of intimidation; order reversed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State proved intimidation as retaliation for a prior act | State contends the threats were aimed at Landis's prior loan decision | CL argues threats were conditional and intended to influence future conduct | Reversed; no proof of retaliation for a prior act |
Key Cases Cited
- Griffith v. State, 898 N.E.2d 412 (Ind.Ct.App.2008) (elements of intimidation require retaliation for a prior act)
- H.J. v. State, 746 N.E.2d 400 (Ind.Ct.App.2001) (retaliation element not proven if target is future conduct)
- Ransley v. State, 850 N.E.2d 443 (Ind.Ct.App.2006) (threats aimed at future action insufficient for retaliation crime)
- Casey v. State, 676 N.E.2d 1069 (Ind.Ct.App.1997) (record did not show reasons or prior act for threatening)
- Al-Saud v. State, 658 N.E.2d 907 (Ind.1995) (standard: prove elements beyond a reasonable doubt; context of prior act)
- J.B. v. State, 748 N.E.2d 914 (Ind.Ct.App.2001) (review standard; evidence favorable to judgment)