Legal Opinion · Concurrence

Reyes v. State

Indiana Court of Appeals

Decided June 2, 2005No. 49A04-0406-CR-351Published

1ConcurrenceMay, Judge

I disagree that Reyes was in a position of trust with Martin. As the majority correctly notes, Reyes' admission he and Martin were friends is insufficient, without more, to prove Reyes occupied a position of trust. However, I disagree with the majority's apparent conclusion that friends are in a position of trust each *427other just because one friend is willing to invite the other into his home. See Trus-ley v. State, 818 N.E.2d 110, 113 (Ind.Ct. App.2004) (defendant's admission she was a day care provider did not, without more, substitute for a jury's determination she was in a position of…

2Cases cited1 opinion

  1. Trusley v. StateIndiana Court of Appeals · 2004

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