Legal Opinion

Stephen Brakie v. State of Indiana

Indiana Court of Appeals

Decided December 20, 2013No. 65A05-1304-CR-172PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BROWN, Judge.

Stephen Brakie appeals his conviction for child molesting as a class A felony, raising three issues which we consolidate and restate as:

I. Whether the trial court abused its discretion by rejecting Brakie's proposed instruction regarding the presumption of innocence; and

II. Whether the evidence is sufficient to sustain his conviction for child molesting as a class A felony.

We affirm.

FACTS AND PROCEDURAL HISTORY

In 2011, James Johnson, Jr., and Laura Martin were engaged to be married and lived with Johnson's three daughters including four-year-old N.J., who was born on…

2Cases cited19 opinions

  1. Dill v. StateIndiana Supreme Court · 2001
  2. People v. WilliamsIllinois Supreme Court · 2003
  3. Overstreet v. StateIndiana Supreme Court · 2003
  4. Love v. StateIndiana Supreme Court · 2002
  5. Benefiel v. StateIndiana Supreme Court · 1999

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

3Cited by4 opinions

  1. Dustin E. McCowan v. State of IndianaIndiana Supreme Court · 2015
  2. Danny James Horton v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2015
  3. Kenneth Washington v. State of IndianaIndiana Court of Appeals · 2014
  4. Zackery Reahard v. State of IndianaIndiana Court of Appeals · 2014

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