Daniel Ryan v. State of Indiana

── Daniel Ryan v. State of Indiana ── Court: Indiana Court of Appeals Date: May 27, 2026 Author: Brown Category: General IN THE Court of Appeals of Indiana Daniel Ryan, FILED Appellant-Defendant May 27 2026, 10:12 am CLERK Indiana Supreme Court v. Court of Appeals and Tax Court State of Indiana, Appellee-Plaintiff May 27, 2026 Court of Appeals Case No. 25A-CR-2839 Appeal from the Marion Superior Court The Honorable Cynthia L. Oetjen, Judge Trial Court Cause No. 49D30-2310-F1-29966 Opinion by Judge DeBoer Judges Brown and Altice concur. Court of Appeals of Indiana | Opinion 25A-CR-2839 | May 27, 2026 Page 1 of 18  DeBoer, Judge. Case Summary [1] Daniel Ryan appeals his convictions for two counts of Level 4 felony child molesting, which were labeled as Counts II and VI on the last amended charging instrument. He challenges his conviction on Count II by arguing it was not supported by sufficient evidence. He also argues his convictions on both counts violate substantive double jeopardy principles because his actions “constituted a single continuous crime.” Appellant’s Brief at 19. Finding sufficient evidence to support his conviction on Count II and that his convictions on both counts do not violate substantive double jeopardy, we affirm. Facts and Procedural History [2] M.M. (born in 2010) lived at her grandmother’s house from 2017 to 2019. Ryan, who was in a decades-long relationship with M.M.’s great aunt, lived next door. M.M. and her mother considered Ryan a part of their family, and M.M. and her siblings called him “Uncle Danny.” Transcript at 23. [3] One day, when M.M. was seven or eight years old, she was outside her grandmother’s home with Ryan and his grandson next to a bonfire. Ryan told M.M. “to come over and give him a hug[,]” which M.M. did reluctantly because she “was uncomfortable around men.” Id. at 71. As she hugged Ryan, he “put his hand below [her] waist and cupped underneath [her] buttocks . . . .” Id. Court of Appeals of Indiana | Opinion 25A-CR-2839 | May 27, 2026 Page 2 of 18 [4] On another occasion when M.M. was eight years old, she was outside her grandmother’s home playing on a teeter totter. Ryan came up behind her and “grabbed [her] by [her] elbow and . . . dragged [her] . . . towards [an] RV” that was parked on the properties. Id. at 74. As he did, “he told [M.M.] to come with him or else [she] would be in trouble.” Id. After forcing her to climb into the RV, Ryan laid her “down on [her] back and . . . pulled [her] shirt up over [her] stomach[.]” Id. at 74. He told M.M. to take her shirt off the rest of the way. Once she had, he “put his hands over [her] breast and . . . on [her] stomach[,]” and “his hands ma[de] contact with [her] breasts[.]” Id. at 75. Ryan then “rolled [M.M.] over on [her] stomach” and used one hand to grab her hair, burying her face into a pillow. Id. at 76. With the other, he pulled down M.M.’s shorts. At some point, Ryan covered M.M.’s mouth with his hand and when she tried to bite him, he “slammed his hand deeper into [her] mouth.” Id. at 77. [5] After removing M.M.’s