Daniel Smith v. State of Indiana

── Daniel Smith v. State of Indiana ── Case No.: 23A-CR-00128 Court: Indiana Court of Appeals Date: July 18, 2023 Author: Judge Cale Bradford County of Origin: Warrick Category: Criminal Decision: Affirmed Judge Weissmann concurs. Judge Riley dissents During the summer of 2018, then-eight-year-old L.B. lived in Folsomville with her mother (“Mother”), siblings, and Smith, who had been Mother’s boyfriend at the time. L.B. referred to Smith as “dad.” Tr. Vol. II p. 234. Smith would watch L.B. and her siblings while Mother was at work. On multiple occasions, when L.B. had been napping, Smith had come upstairs to L.B.’s bedroom and removed her from her bed. He had then taken her downstairs, had laid her in his bed, and had made her take off her clothes. Once L.B.