Kirby R McPhearson v. State of Indiana

── Kirby R McPhearson v. State of Indiana ── Case No.: 22A-CR-02994 Court: Indiana Court of Appeals Date: June 28, 2023 Author: Judge L. Mark Bailey County of Origin: Madison Category: Criminal Decision: Affirmed Judge Tavitas and Judge Kenworthy concur In 2010, McPhearson began dating his now-wife, Melissa. Shortly thereafter, he moved in with Melissa and her five children, one of whom is T.H. (born in 2004). McPhearson became a “father figure” to T.H., and she began to call him “Dad.” (Tr. Vol. 1, pg. 195). After a few years, the family moved into a residence on 13th Street in Elwood. At that residence, when T.H. was eleven years old, McPhearson began coming into T.H.’s room routinely – every night or every other night – and “do[ing] whatever he felt he wanted to do in that moment.” (Id.