MICHAEL M. HARVEY v. State of Indiana

── MICHAEL M. HARVEY v. State of Indiana ── Case No.: 20A-CR-00548 Court: Indiana Court of Appeals Date: November 30, 2020 Author: Judge Elizabeth Tavitas County of Origin: Elkhart Category: Criminal Decision: Affirmed Judge Kirsch and Judge Pyle concur In July and August of 2018, Harvey lived with his daughter, nine-year-old J.H., and Candace Poe—J.H.’s mother—at the Garden Inn in Elkhart. Sometime between July 10, 2018, and August 9, 2018, Harvey “took off his pants, and he put his private part in [J.H.]’s mouth.” Tr. Vol. II p. 229. Harvey told J.H. to “not to tell anybody, and if [J.H. did tell,] something very bad will happen to [J.H.] and to [Harvey]. And if [J.H.] didn’t tell anybody, [Harvey] would get [J.H.] something very special.” Id. at 232. J.H.