Legal Opinion

Nicholson v. State

Indiana Supreme Court

Decided March 21, 2012No. 55S01-1107-CR-444PublishedCited by 53 opinions

1Opinion of the Court

DAVID, Justice.

This case involves a conviction for stalking under Indiana Code section 35-45-10-5(a) (2008). A majority of the Court of Appeals held that a span of twenty-two months between contacts would not fit the definition of repeated or continuing harassment and therefore would not support a conviction for stalking. We disagree and affirm the trial court, holding that the lag in time between the harassing calls in 2006 and the subsequent single call in 2008 did not foreclose the conviction for stalking, particularly since much of the break in time between the calls was due to…

2Cases cited14 opinions

  1. Lannan v. StateIndiana Supreme Court · 1992
  2. Hardin v. StateIndiana Supreme Court · 1993
  3. Wickizer v. StateIndiana Supreme Court · 1993
  4. Thompson v. StateIndiana Supreme Court · 1997
  5. Penley v. StateIndiana Supreme Court · 1987

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3Cited by53 opinions

  1. Kevin M. Clark v. State of IndianaIndiana Supreme Court · 2013
  2. Steven M. Sandleben v. State of IndianaIndiana Court of Appeals · 2015
  3. Devon L. Hunter v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017
  4. Leandrew Beasley v. State of IndianaIndiana Supreme Court · 2016
  5. Andy A. Shinnock v. State of IndianaIndiana Supreme Court · 2017

48 more not listed; retrieve them via the Exa API.

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