Mark T. Hager v. State of Indiana (mem. dec.)
33A04-1604-CR-759
| Ind. Ct. App. | Oct 17, 2016Background
- On June 8, 2015 a court issued an ex parte protective order prohibiting Mark T. Hager from contacting Brittany Toth; Hager was served with the order on June 9, 2015.
- On September 8, 2015, while Toth was transferring buses near the New Castle library, Hager yelled from the library steps—witnesses reported he called out "Red," "redhead," or "Brittany."
- Toth was visibly shaken, reported the incident to the bus driver, and called the police; a library assistant identified Hager as the person yelling.
- The State charged Hager with invasion of privacy (violation of an ex parte protective order), a Class A misdemeanor enhanced to a Level 6 felony based on a prior conviction.
- After a jury trial the jury found Hager guilty of the misdemeanor; Hager waived a jury for enhancement and the court found the enhancement proven.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Hager knowingly violated the protective order by communicating with Toth | The State: Hager intentionally yelled at Toth so she would hear him; Toth heard him, was frightened, and called police. | Hager: The contact was incomplete — he did not transmit information or speak directly to Toth; merely yelling without effective communication is insufficient. | The court affirmed: evidence was sufficient that Hager directly communicated (yelled) to Toth and she heard him, supporting conviction. |
Key Cases Cited
- Jordan v. State, 656 N.E.2d 816 (Ind. 1995) (sets standard for sufficiency review; do not reweigh evidence or judge credibility)
- Huber v. State, 805 N.E.2d 887 (Ind. Ct. App. 2004) (distinguishes incomplete/indirect attempts to contact—reversal where intermediary refused to convey message)
