Legal Opinion

Tharp v. State

Indiana Supreme Court

Decided February 16, 2011No. 49S02-1005-CR-256PublishedCited by 18 opinions

1Opinion of the Court

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0905-CR-394

SHEPARD, Chief Justice.

In the second of two cases today addressing the importance of protective or ders, we reverse Jeffrey Tharp’s conviction for invasion of privacy. We concluded in our companion case Joslyn v. State, that a criminal defendant may be found guilty of stalking or invasion of privacy where he has actual knowledge of a protective order, even if there were certain omissions of civil process in serving the order upon him. Still, proof of knowledge must be beyond a reasonable doubt. The evidence of…

2Cases cited5 opinions

  1. McHenry v. StateIndiana Supreme Court · 2005
  2. Tobar v. StateIndiana Supreme Court · 2000
  3. Joslyn v. StateIndiana Supreme Court · 2011
  4. Alkhalidi v. StateIndiana Supreme Court · 2001
  5. Tharp v. StateIndiana Court of Appeals · 2010

3Cited by18 opinions

  1. Shelly M. Phipps v. State of IndianaIndiana Supreme Court · 2018
  2. M.M. v. State of IndianaIndiana Court of Appeals · 2015
  3. Thomas Jordan v. State of IndianaIndiana Court of Appeals · 2017
  4. Antonio Lee Allen v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2020
  5. Austin Stevens v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019

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