Background

• Champion (mother) lost custody of her children J.G. (b.2004) and R.G. (b.2005); children were in Griffin’s (father) care while visiting Indiana. Champion accused Griffin and his wife Sabrina Hoggard of abusing the children and made multiple unsubstantiated reports.
• Champion sent threatening text messages to Hoggard on October 27 and November 6, 2015, threatening violence and alleging abuse of the children; Champion admitted sending the texts.
• On October 29, 2015, Champion confronted Hoggard at traffic lights and later grabbed R.G. in a school parking lot, placed Griffin in a headlock, and sprayed him with mace; school staff intervened.
• Champion was charged with multiple offenses; at bench trial she was convicted on eight counts, including two intimidation counts challenged on appeal: (1) Class A misdemeanor intimidation (Oct. 27 texts) alleging intent to place Hoggard in fear of retaliation for having lawful custody of the children; (2) Level 6 felony intimidation (Nov. 6 texts) alleging a threat to commit forcible felonies.
• Champion moved to dismiss arguing the State failed to prove Hoggard had “lawful custody” of the children (Champion equated lawful custody with legal/sole custody). Trial court denied the motion; Champion appealed only the two intimidation convictions.

Issues

Key Cases Cited

• Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard of appellate review for sufficiency of the evidence)
• In re Adoption of B.C.H., 22 N.E.3d 580 (Ind. 2014) (explaining that “lawful custody” need not be formal legal custody and spans a spectrum of arrangements)
• Richardson v. Richardson, 34 N.E.3d 696 (Ind. Ct. App. 2015) (stepparent relationship is a strong indicator of custodial/parental relationship)
• McReynolds v. State, 901 N.E.2d 1149 (Ind. Ct. App. 2009) (definition and application of in loco parentis doctrine)