Mark Housand v. State of Indiana (mem. dec.)


MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any court except for the purpose of establishing Dec 29 2020, 9:03 am the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Marielena Duerring Curtis T. Hill, Jr. South Bend, Indiana Attorney General Myriam Serrano Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Mark Housand, December 29, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-375 v. Appeal from the St. Joseph Superior Court State of Indiana, The Honorable Jeffrey L. Sanford, Appellee-Plaintiff Judge Trial Court Cause No. 71D03-1812-F1-21 Crone, Judge. Court of Appeals of Indiana | Memorandum Decision 20A-CR-375 | December 29, 2020 Page 1 of 19 Case Summary [1] A jury convicted Mark Housand of one count of level 1 felony child molesting and one count of level 4 child molesting. On appeal, Housand argues that the trial court committed reversible error in admitting certain evidence. We disagree and therefore affirm his convictions. Facts and Procedural History [2] The relevant facts most favorable to the verdicts follow. 1 In 2010, Housand and his wife Deborah adopted four children; the youngest, their daughter C.H., was born in March 2009. In July 2017, Housand and Deborah separated. Deborah stayed in the marital residence, and Housand moved into his mother’s house in Mishawaka. C.H. lived with Deborah and visited Housand every other weekend from Friday evening through Sunday evening. [3] On Friday, November 23, 2018, Deborah dropped off C.H. at Housand’s residence. Housand’s adult stepdaughter Amber and her teenage son were also in the home. Housand came into Amber’s bedroom and “knelt down by [her] bed[.]” Tr. Vol. 2 at 23. Housand smelled of alcohol, and Amber could tell that “[h]e’d been drinking.” Id. Housand asked Amber to come upstairs and watch a movie in his bedroom. Amber thought that this request “was odd” because there was a TV in the living room. Id. at 24. Amber told him no, but 1 We remind Housand’s counsel that an appellant’s statement of facts “shall describe the facts relevant to the issues presented for review” and shall state the facts “in accordance with the standard of review appropriate to the judgment or order being appealed.” Ind. Appellate Rule 46(A)(6). Court of Appeals of Indiana | Memorandum Decision 20A-CR-375 | December 29, 2020 Page 2 of 19 Housand persisted. Amber felt “uncomfortable” and “didn’t understand why [Housand] was being so persistent on stopping what [she] was doing to watch a movie.” Id. at 34. Eventually, Amber’s son came into the room and said, “[C]ome on, grandpa, […] she’ll watch a movie with you later.” Id. at 25. Housand started “mumbling and cussing under his breath and walk[ed] off and [took] C.H. upstairs” to his bedroom. Id. [4] Housand and C.H. laid down on the bed and started watching a movie …

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