Nicholson v. State
2012 Ind. LEXIS 44
| Ind. | 2012Background
- Nicholson was convicted of stalking under Indiana law based on 2006 and a 2008 phone call to the victims; 2006 calls involved graphic sexual content and voyeurism-related events leading to Nicholson's incarceration for voyeurism; 2008 call was a single similar harassing call after he was released; the State admitted evidence of Nicholson's prior voyeurism conviction and surrounding circumstances at trial; the Court of Appeals reversed the stalking conviction and this Court granted transfer to review; the Supreme Court affirmed, holding the evidence and timing supported a course of conduct involving repeated or continuing harassment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 404(b) evidence of prior voyeurism was admissible | Nicholson argues improper use of prior acts | Evidence admissible for identity/motive | Admissible under 404(b) |
| Whether two-year gap with incarceration constitutes stalking | Incarceration breaks the course of conduct | Gap does not foreclose; conduct repeated | Sufficient evidence of repeated or continuing harassment |
| Whether statute requires a timeframe for stalking | No statutorily fixed timeframe | Trier of fact decides based on course of conduct | No fixed timeframe; fact-finder determines repetition/continuity |
Key Cases Cited
- Wickizer v. State, 626 N.E.2d 795 (Ind.1993) (admissibility of other acts under Rule 404(b))
- Johnson v. State, 721 N.E.2d 327 (Ind.Ct.App.1999) (repeated/continuing harassment means more than once)
- Allen v. State, 720 N.E.2d 707 (Ind.1999) (identity exception to 404(b))
- Penley v. State, 506 N.E.2d 806 (Ind.1987) (signature-like similarity to show identity)