Nicholson v. State
2011 Ind. App. LEXIS 729
| Ind. Ct. App. | 2011Background
- Nicholson was convicted of Class C felony stalking and harassment based on November 1, 2008 phone calls to Patricia Wolfe.
- Evidence included a 2006 pattern of late-night calls describing sexual violence by Nicholson, leading to his prior voyeurism conviction.
- On November 1, 2008, Nicholson made a single call to the Wolfe household; Patricia answered, caller spoke sexually explicit language, and the call terminated when John intervened.
- Police traced the 2008 call to Nicholson; his business number appeared on the voicemail identification.
- Police records showed 380 calls from late-night hours on Oct. 31–Nov. 1, 2008, with most calls under two minutes; two other women reported similar language in longer calls.
- The charging information alleged stalking based on November 1, 2008 conduct; Nicholson admitted habitual offender status; the jury found him guilty of stalking and harassment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is sufficient evidence to support the stalking conviction. | State: 2006 conduct shows repeated/continuing harassment; 2008 call fits stalking. | Nicholson: single 2008 call not enough; prior 2006 acts cannot create repetition; period lacks repetition. | Insufficient evidence; stalking conviction reversed and remanded for harassment conviction. |
Key Cases Cited
- Landis v. State, 704 N.E.2d 113 (Ind. 1998) (admissibility of prior acts as evidence of stalking but only for admissible purposes)
- Johnson v. State, 721 N.E.2d 327 (Ind. Ct. App. 1999) (repeated or continuing harassment can occur over short timeframes; timing is contextual)
- Jackson v. State, 925 N.E.2d 369 (Ind. 2010) (standard for sufficiency of evidence in stalking/harassment cases)