Phillip R. Marlin v. State of Indiana

── Phillip R. Marlin v. State of Indiana ── Case No.: 21A-CR-00792 Court: Indiana Court of Appeals Date: September 21, 2021 Author: Judge Cale Bradford County of Origin: Warren Category: Criminal Decision: Affirmed Judge Robb and Judge Altice concur On July 3, 2020, M.C. went to Klumpe’s Campground with her friend and her friend’s family. At the time, Marlin was dating M.C.’s friend’s mother. 1 At some point, M.C. and her friend decided to go swimming. When M.C. walked past Marlin, wearing only her swimsuit, Marlin “smacked” M.C. on the buttocks with sufficient force to cause M.C. to feel pain and to leave a mark on M.C.’s skin. Tr. Vol. II p. 62. M.C. eventually went to sleep, staying with her friend and friend’s family in their camper. The next morning, M.C.