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Maddox Macy v. State of Indiana (mem. dec.)
12A02-1703-CR-440
| Ind. Ct. App. | Aug 17, 2017
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Background

  • In late May/early June 2016, Macy displayed pornographic photographs in a front-window of her home facing her neighbor Anderson’s children’s bedroom window, a few feet apart.
  • Anderson and her children saw the images; Anderson initially kept curtains closed and later called police when pictures remained.
  • Sgt. Schilling observed the pornographic images from the sidewalk, confirmed their nature, and was told by Macy’s daughter that Macy had placed them.
  • Macy told Sgt. Schilling her attorney said the pictures were permissible and declined to discuss them, then drove away; officers later obtained and executed a warrant to seize the photos.
  • Macy was charged with Dissemination of Matter Harmful to Minors (Level 6 felony) and Distribution/Exhibition of Obscene Matter (Class A misdemeanor); after a bench trial she was convicted and sentenced (365 days concurrent, all but two days suspended).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence that Macy acted knowingly/ intentionally in displaying matter harmful to minors State: testimony showed Macy placed explicit images visible to neighbor children and told officer her attorney said they were fine, supporting knowledge Macy: challenges Sgt. Schilling’s testimony and argues insufficient proof she knew images would be viewed by minors (children often had guests) Affirmed: court concluded testimony from Anderson and Sgt. Schilling supported an inference Macy was aware of images and chose not to remove them, satisfying scienter for both offenses

Key Cases Cited

  • Cox v. State, 774 N.E.2d 1025 (Ind. Ct. App. 2002) (standard for sufficiency review: view evidence most favorable to judgment)
  • Sargent v. State, 875 N.E.2d 762 (Ind. Ct. App. 2007) (cited in sufficiency-of-evidence discussion)
  • Mediate v. State, 498 N.E.2d 391 (Ind. 1986) (distinguished by court; not controlling on officer testimony)
Read the full case

Case Details

Case Name: Maddox Macy v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Aug 17, 2017
Docket Number: 12A02-1703-CR-440
Court Abbreviation: Ind. Ct. App.