ILNews

Court tosses man's stalking conviction

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Simply parking on a public street and watching someone's home doesn't alone fall within the definition of "impermissible" conduct and can't be considered stalking, the Indiana Court of Appeals ruled today.

In a case of first impression, the appellate panel ruled 2-1 on Donald D. Vanhorn v. State of Indiana, 84-A01-0711-CR-505, overturning the Terre Haute man's conviction for felony stalking. At issue in the case was the interplay between "harassment" and "impermissible contact" and whether enough evidence existed to support a stalking conviction.

Donald VanHorn knew the alleged victim, Robert Franks, from a radio service business where Franks worked and VanHorn was a regular customer. In mid-January 2007, Franks' wife noticed a black sport utility vehicle parked on the opposite side of the street near their home. The same thing happened three more times, and Franks took photos and notified police, though VanHorn never made any type of contact. VanHorn was eventually arrested and was tried on a felony stalking charge, and a jury convicted him in August 2007. He received three years probation and six months home detention.

On appeal, the appellate panel examined Indiana Codes 35-45-10-2 and 35-45-10-3, which focus on harassment and impermissible contact. The latter definition includes knowingly or intentionally following or pursuing the victim, and that part of the statute exempts statutorily or constitutionally protected conduct from the definition of harassment.

The Court of Appeals decided that the evidence was insufficient and the contact in this case wasn't "impermissible."

"If being on a city street is found to be 'impermissible' merely because an individual homeowner did not grant permission, then the victim has been improperly granted power over the defendant that the victim does not possess," Judge Terry Crone wrote, noting that a defendant's due process rights must be safeguarded in a situation where that person is lawfully in a public place and conduct alone is alleged to constitute harassment.

"In other words, when the government prohibits an individual from engaging in otherwise lawful conduct, it is important to provide the accused with notice and an opportunity to be heard," he wrote, adding that a protective order could be issued to declare any type of conduct off-limits.

"We do not mean to suggest that no circumstances exist in which only public sightings may constitute harassment or impermissible contact, but in this case nothing occurred that would remotely indicate to VanHorn that his conduct was impermissible."

Judge Cale Bradford dissented, writing that he is sympathetic to the majority's perspective but that he sees the jury system as an adequate safeguard for preventing unfair convictions for lawful behavior.

"By requiring official proof of 'impermissibility' to satisfy the harassment component, the majority adds an element of proof which the crime of 'stalking,' as defined, does not contain," the judge wrote. ... "Given my confidence in the fact finder's ability to discern 'stalking' from lawful activity, I would not disturb VanHorn's conviction."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

ADVERTISEMENT