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. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well