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Mark T. Hager v. State of Indiana (mem. dec.)
33A04-1604-CR-759
| Ind. Ct. App. | Oct 17, 2016
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Background

  • 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)
Read the full case

Case Details

Case Name: Mark T. Hager v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Oct 17, 2016
Docket Number: 33A04-1604-CR-759
Court Abbreviation: Ind. Ct. App.