Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Albee v. State

Court of Appeals of Indiana

February 28, 2017

Neil C. Albee, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Tippecanoe Superior Court The Honorable Sean M. Persin, Judge Trial Court Cause No. 79D05-1511-F6-502

          Attorney for Appellant Christopher P. Phillips Phillips Law Office, P.C. Monticello, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

          Barnes, Judge.

         Case Summary

         [¶1] Neil Albee appeals his convictions for Level 6 felony voyeurism and Class B misdemeanor residential entry. We reverse.

         Issues

         [¶2] Albee raises two issues, which we restate as:

I. whether the trial court abused its discretion by admitting into evidence the victim's pre-trial and in-court identifications of Albee; and
II whether the evidence as a whole is sufficient to support Albee's convictions, thereby permitting his retrial.

         Facts

         [¶3] On October 31, 2015, Margaret Schuerger was at home in her sorority house on Purdue University's campus in Tippecanoe County. At approximately 10:30 p.m., she took a shower. While she was in the shower, Schuerger noticed someone standing outside the obscure-glass shower door. Although Schuerger could not see the person in detail, she could tell the figure was tall and dressed in dark clothing. Schuerger waited for a minute, and the shower door, which stays fastened with a magnetic closure, opened approximately one inch. Schuerger pulled the door closed again, and the figure moved away.

         [¶4] Schuerger finished her shower and returned to her bedroom. She was sitting on her bed texting a friend when she heard her bedroom door open. Schuerger looked up and saw the reflection of a man in the full-length mirror that connects the two rooms of her suite. Schuerger and the man "made eye contact" in the mirror for a few seconds. Tr. p. 216. The man left, and, after summoning a housemate, Schuerger called the police. Schuerger described the man she saw in the mirror as approximately forty years old and wearing a hooded navy blue sweatshirt and jeans. She also said he had dark, curly hair that was "very distinctly matted down on his forehead." Id. at 217. The man was not wearing a hat.

         [¶5] Officers from the Purdue University Police Department ("PUPD") arrived and searched the area around the sorority house. At 12:19 a.m. on November 1, 2015, the PUPD observed Albee in the parking lot adjacent to Schuerger's sorority house and detained him. Officers then accompanied Schuerger to the parking lot and asked her if she could identify "the suspect, " Albee, as the man she saw in her house. Id. at 73.

         [¶6] Schuerger observed Albee from approximately thirty yards away. Albee was wearing a hat. He was handcuffed, and there were at least six police officers around him. Schuerger could see three police cars. Albee was illuminated by the spotlight from one of the police cruisers. In addition to Schuerger viewing Albee from a distance, a police officer also took a picture of him with a digital camera and took it to Schuerger to view. Schuerger was not completely sure Albee was the man she saw in her house, though she testified, "I thought about where we live on college campus back in our neighborhood it's all Greek houses so most people are under the age of twenty-three. And so, it made sense that this could - this is the only person who matched the identification one hundred percent spot on." Id. at 238. In order to help facilitate a more certain identification, the officers asked Schuerger to go to the police station to view Albee in better lighting.

         [¶7] When Albee arrived-in custody-at the police station, an officer escorted him to an interview room. The officer then took Schuerger into another area of the police station where she was able to watch Albee via a closed-circuit television. The officers took photographs of Albee-with and without his hat-with a digital camera and asked Schuerger to identify him from the digital image on the camera's screen. The officers did not compile a photo array or organize a lineup. Schuerger identified the image of Albee on the camera as the man she saw in her house.

         [¶8] The State charged Albee with voyeurism, a Class B misdemeanor; voyeurism, a Level 6 felony; residential entry, a Level 6 felony; and with an habitual offender enhancement. Albee filed a motion to suppress Schuerger's identification of him, and the trial court denied that motion. In March 2016, Albee was tried by a jury, but that jury was unable to reach a verdict. On April 28, 2016, a second jury found Albee guilty of Class B misdemeanor voyeurism and Level 6 felony residential entry. During the trial, Albee objected when the State offered evidence related to Schuerger's pretrial viewings and identification of Albee and her in-court identification. Albee waived his right to a jury trial with regard to the Level 6 felony enhancement to his voyeurism ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.