Brandon Fisher v. State of Indiana

── Brandon Fisher v. State of Indiana ── Case No.: 21A-CR-01795 Court: Indiana Court of Appeals Date: April 21, 2022 Author: Judge L. Mark Bailey County of Origin: Hamilton Category: Criminal Decision: Affirmed, Reversed and Remanded Judge Najam and Judge Bradford concur S.D. suffers from narcolepsy, a sleep disorder causing excessive daytime sleepiness. She takes a prescription stimulant during the day, which has as a side effect that she sometimes “crashes” at night, experiencing “exhaustion.” (Tr. Vol. II, pg. 36.) In 2017, S.D. began a sexual relationship with Fisher. On one occasion, S.D. anticipated that she might fall asleep during intercourse and she told Fisher that he could continue engaging in intercourse if she fell asleep. On some other occasions, S.D.