Downey v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that testimony of child complainant that the defendant \rubbed his penis between her buttocks until orgasm\ was insufficient to prove contact between the defendant's penis and the complainant’s anus
• holding that testimony of child complainant that the defendant “rubbed his penis between her buttocks until orgasm” was insufficient to prove contact between the defendant’s penis and the complainant’s anus
• finding insufficient evidence of contact with victim’s anus, as opposed to buttocks, when defendant “put his penis between her cheeks of her bottom ... and started ... humping her”
• where a defendant was charged with Class A felony child molesting based on “deviate sexual conduct” (now “other sexual conduct”
• “Despite their proximity, the buttocks and anus are not the same, and an. inference that contact with the buttocks-necessarily includes contact with the anus[ 7 ] cannot be made beyond a reasonable doubt in this case.”
• “Despite their proximity, the buttocks and anus are not the same, and an inference that contact with the buttocks necessarily includes contact with the anus[7] cannot be made beyond a reasonable doubt in this case.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

• Bowles v. State
  Indiana Supreme Court· 2000-11-03· cited 61×
• Robert Lewis III v. State of Indiana
  Indiana Supreme Court· 2015-06-17· cited 42×
• Riehle v. State
  Indiana Court of Appeals· 2005-03-01· cited 41×
• People v. Paz
  California Court of Appeal· 2017-04-14· cited 35×
• Krebs v. State
  Indiana Court of Appeals· 2004-10-20· cited 32×
• Elisea v. State
  Indiana Court of Appeals· 2002-10-22· cited 21×
• Thompson v. State
  Indiana Court of Appeals· 2002-01-16· cited 16×
• Wisneskey v. State
  Indiana Court of Appeals· 2000-10-13· cited 13×
• Brian S. Adcock v. State of Indiana
  Indiana Court of Appeals· 2014-12-08· cited 11×
• Meyer Waste System, Inc. v. Indiana Department of State Revenue
  Indiana Tax Court· 2000-12-07· cited 9×
• State of Arizona v. Oscar Castillo Mendoza
  Court of Appeals of Arizona· 2014-03-14· cited 8×
• In re B.H.
  Supreme Court of Rhode Island· 2016-05-26· cited 7×
• Myers v. State
  Indiana Court of Appeals· 2002-03-28· cited 5×
• Chinda v. State
  Indiana Court of Appeals· 2001-08-27· cited 2×
• Marquell M. Jackson v. State of Indiana
  Indiana Court of Appeals· 2017-10-05· cited 1×
• In the Matter of B.H.
  Supreme Court of Rhode Island· 2016-05-26
• Jerry Leonard v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2018-09-28
• Douglas L. Leistner v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2018-12-19
• Demetrius A. Wilson, Jr. v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2020-12-17
• M A v. State of Indiana
  Indiana Court of Appeals· 2024-08-09

Cites

17 cases in this archive are cited by this case.

• Wright v. State
  Indiana Supreme Court· 1995-11-17· cited 328×
• Blackburn v. State
  Indiana Supreme Court· 1973-01-24· cited 243×
• Spurlock v. State
  Indiana Supreme Court· 1997-05-02· cited 64×
• Perry v. State
  Indiana Supreme Court· 1994-08-10· cited 58×
• Nunn v. State
  Indiana Supreme Court· 1992-10-23· cited 58×
• Taylor v. State
  Indiana Supreme Court· 1997-06-12· cited 57×
• JKB, Sr. v. Armour Pharmaceutical Co.
  Indiana Court of Appeals· 1996-01-24· cited 51×
• Buck v. State
  Indiana Supreme Court· 1983-09-28· cited 35×
• Chissell v. State
  Indiana Court of Appeals· 1999-01-26· cited 30×
• Shackelford v. State
  Indiana Court of Appeals· 1993-11-22· cited 22×
• Becker v. State
  Indiana Court of Appeals· 1998-12-28· cited 20×
• Crabtree v. State
  Indiana Court of Appeals· 1989-12-07· cited 17×
• McGowan v. State
  Indiana Court of Appeals· 1996-10-29· cited 12×
• Link v. State
  Indiana Court of Appeals· 1995-04-05· cited 11×
• Byrd v. State
  Indiana Court of Appeals· 1999-03-16· cited 10×
• Phillips v. State
  Indiana Court of Appeals· 1988-02-11· cited 8×
• Knowlton v. State
  Indiana Court of Appeals· 1978-11-29· cited 7×