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McCaskill v. State

Court of Appeals of Indiana

February 17, 2014

RAKIEA MCCASKILL, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Amy Jones, Judge. Cause No. 49F08-1212-CM-82624.

ATTORNEY FOR APPELLANT: TIMOTHY J. BURNS, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, CYNTHIA L. PLOUGHE, Deputy Attorney General, Indianapolis, Indiana.

PYLE, Judge. MATHIAS, J., and BRADFORD, J., concur.

OPINION

Page 1048

PYLE, Judge.

STATEMENT OF THE CASE

Rakiea McCaskill (" McCaskill" ) appeals her conviction for Class A misdemeanor intimidation.[1]

We reverse and remand with instructions.

ISSUE

Whether there was sufficient evidence to support McCaskill's conviction for Class A misdemeanor intimidation beyond a reasonable doubt.

FACTS

McCaskill had a relationship with Tamika Matlock's (" Matlock" ) husband (" Husband" ), with whom she had a child. According to Matlock, Husband lied to McCaskill over the period of a year or two and told her that he was planning to leave Matlock, but he never did.

Between the night of October 28, 2012 and the morning of October 29, 2012, when McCaskill's child with Husband was approximately a year old, McCaskill called Matlock four times and told her that she " would beat [her] ass" and that " she was coming over to [Matlock's] house and [] had been sitting in front of [her] house." (Tr. 6). McCaskill also contacted Matlock on Facebook, again telling her that she was going to " beat [her] ass" and that " everybody in the city [knew she would] beat [her] ass." (Tr. 7). During one of McCaskill's phone calls, Matlock responded, " You keep putting ...


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