Nickole Nichols v. State of Indiana
31 N.E.3d 1038
Ind. Ct. App.2015Background
- Nichols was convicted of Class A misdemeanor prostitution after an undercover operation at a Indianapolis strip club.
- Detective Castor engaged Nichols, and in the VIP room she agreed to sex outside the club for $50.
- Trial proceeded with a bench trial; Nichols moved under Trial Rule 41(B) to dismiss arguing entrapment.
- Trial court denied the motion, finding inducement but predisposition supported the conviction.
- On appeal, Nichols challenges the denial, arguing entrapment was not rebutted; the State argues no entrapment.
- Court affirms, holding the officer’s conduct afforded an opportunity, not inducement, and there was sufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying the 41(B) motion | Nichols | Nichols | No reversible error; entrapment not proven; conviction affirmed |
Key Cases Cited
- Griesemer v. State, 26 N.E.3d 606 (Ind. 2015) (inductions required; mere opportunity not entrapment)
- Albaugh v. State, 721 N.E.2d 1233 (Ind. 1999) (difference between opportunity and coercive inducement)
- Hoskins v. State, 563 N.E.2d 571 (Ind. 1990) (entrapment defined; two elements)
- Ferge v. State, 764 N.E.2d 268 (Ind. Ct. App. 2002) (burden shifting after inducement shown)
- McGowan v. State, 674 N.E.2d 174 (Ind. 1996) (entrapment defeated by lack of predisposition evidence)
- Williams v. State, 412 N.E.2d 1211 (Ind. 1980) (persuasive or forceful conduct required for inducement)