Court upholds man’s conviction for confining wife’s sister

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Although a prosecutor made an inappropriate comment during a man’s trial for criminal confinement, that comment had little persuasive effect on the jury, the Indiana Court of Appeals ruled Friday. The judges affirmed Jonathan Stephens’ conviction of Class C felony criminal confinement.

Prosecutors charged Stephens following an incident involving his wife, Brittany, and her sister Hannah Dickerhoff. Brittany Stephens and Dickerhoff were at the YMCA when Jonathan Stephens showed up and began arguing with his wife. At one point, he dragged Brittany to his car, which led Dickerhoff to jump in, fearing for her sister. Jonathan Stephens refused to stop the car, but eventually he stopped and pushed Dickerhoff out, causing injury to her hand.

Jonathan Stephens faced charges involving his sister-in-law and his wife, but Brittany Stephens said during his trial that she entered his car voluntarily and did not ask to be let out. Jonathan Stephens was convicted only related to Dickerhoff. He received eight years on a criminal confinement conviction, one year on a battery conviction and eight years for being a habitual offender.

In Jonathan Stephens v. State of Indiana, 85A02-1306-CR-518, Stephens claimed that there wasn’t sufficient evidence to support his criminal confinement conviction, that he received ineffective assistance from his trial attorney, and the prosecutor committed misconduct during closing arguments.

“The evidence shows that Dickerhoff entered Stephens’s vehicle after witnessing him drag Brittany to his vehicle. Stephens left the YMCA and began driving around the Wabash area. Stephens ignored Dickerhoff’s repeated pleas to let her out of the car. Eventually, Stephens even drove to another city and did not stop to let Dickerhoff out of the vehicle. When Dickerhoff called 911, Stephens still did not stop the car to let her go. Instead, he later stopped, grabbed Dickerhoff’s phone, and removed its battery. In this case, there is ample evidence from which a jury could conclude that Stephen criminally confined Dickerhoff,” Judge Rudolph Pyle III wrote.

Jonathan Stephens failed to show any prejudice was caused by his attorney’s failure to object to the line of questioning regarding a no-contact order between Jonathan and Brittany Stephens. And the judges held that most of the prosecutor’s comments were not improper. There was one statement that implied that if the jury convicted Jonathan Stephens, it would be a community service. But because he didn’t object during trial, he had to prove fundamental error, which he did not. The totality of the circumstances showed the improper comments had little persuasive effect on the jury, Pyle wrote. The jury’s verdict is supported by the evidence.

The COA remanded with the trial court to correct the sentencing order, abstract of judgment and chronological case summary to reflect the eight-year habitual offender enhancement serves as an enhancement to the Class C felony criminal confinement conviction.


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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.