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Judges split on stalking conviction

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The Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on their interpretations of the term “repeated” in Indiana’s anti-stalking laws.

Rodney Nicholson repeatedly called the Wolfe household in 2006, making lewd comments and noises over the phone when Patricia or one of her daughters answered. Nicholson even called the family from right outside their home. He pleaded guilty to voyeurism charges and was incarcerated. The calls stopped while Nicholson was incarcerated, but resumed on Nov. 1, 2008, when he called the home and made lewd comments and noises to Patricia.

He was convicted of Class C felony stalking and Class B misdemeanor harassment stemming from the lewd phone call in 2008 to Patricia. Nicholson challenged his stalking conviction, claiming insufficient evidence.

The state had to prove that Nicholson’s conduct under the stalking statute was “repeated or continuing” harassment. The majority concluded the one phone call in 2008 didn’t constitute repeated harassment and doesn’t support the conviction. Even if taking into consideration the 2006 conduct, the judges also concluded Nicholson couldn’t be convicted under the anti-stalking law.

There is little guidance as to what constitutes “repeated or continuing” for purposes of the stalking or harassment statutes, so the majority relied on the dictionary definition of “repeat” and an Alabama appellate court’s definition of “repeatedly” to hold that the term under the anti-stalking law means “more than once,” wrote Judge Michael Barnes in Rodney Nicholson v. State of Indiana, No. 55A01-1005-CR-251.

The majority noted that the Legislature could have put definitive time limitations in the statute and didn’t, and it believed the timeframe in which the conduct occurred is inherent to the inquiry whether harassment was “repeated or continuing.” Judges Barnes and Terry Crone felt Nicholson’s conduct from the 2008 phone call doesn’t fit any reasonable definition of “repeated or continuing harassment.”

Judge Cale Bradford dissented, writing, “Nicholson repeated essentially the same type of conduct aimed at the same victim. The gap of time between the repeated conduct, occasioned primarily by Nicholson’s incarceration for the first offense against the victim, is a non-factor under the wording of the Indiana stalking statute.”

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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