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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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