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