ILNews

High court upholds stalking conviction

Back to TopCommentsE-mailPrintBookmark and Share

It’s up to a trier of fact to determine if someone’s conduct involved repeated or continuing harassment to qualify as stalking, the Indiana Supreme Court ruled, since there is no statutorily determinate timeframe required for this type of conviction.

The majority affirmed Rodney Nicholson’s stalking conviction relating to a woman and her daughters. Nicholson repeatedly called the woman’s house in 2006 over a six-month period, breathing heavily and discussing masturbation. He would hang up if the woman’s husband got on the phone. Nicholson was convicted of voyeurism after he was found outside the victims’ home and arrested. For the time he was incarcerated, the calls stopped. He made another call on Nov. 1, 2008.

Nicholson appealed his stalking conviction, which a split Court of Appeals reversed, citing the time between the harassing phone calls. Justice Frank Sullivan agreed with the COA’s decision, but the rest of the justices upheld Nicholson’s conviction.

Justice Steven David noted that Indiana statute doesn’t define the timeframe for a stalking conviction, and it could happen over a matter of minutes or years. The trier of fact should determine if the course of conduct involves repeated or continuing harassment, he wrote.

In addition to meeting the time prong of the stalking statute, the state proved that the victim felt terrorized, frightened, intimidated or threatened.

“Had Nicholson not been incarcerated between 2006 and 2008, our analysis may have been different. However, it appears the main reason the stalking of the victims took a break was Nicholson’s incarceration. Because of this, we hold Nicholson engaged in a knowing course of conduct involving repeated or continuing harassment of the wife,” David wrote in Rodney Nicholson v. State of Indiana, No. 55S01-1107-CR-444.

 

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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

ADVERTISEMENT