Justin Newbury v. State of Indiana

── Justin Newbury v. State of Indiana ── Case No.: 23A-CR-01495 Court: Indiana Court of Appeals Date: January 24, 2024 Author: Judge Melissa May County of Origin: Marion Category: Criminal Decision: Affirmed Judge Bailey and Judge Felix concur In 2021, Newbury and his ex-wife, C.N., 2 shared custody of their children – M.N., a boy born in 2009, and E.N., a girl born in 2010. One evening in the fall of 2021, while the children were in Newbury’s custody, M.N. slept over at a friend’s house. E.N. and Newbury watched a movie in the living room and then went upstairs to go to bed. Newbury asked 11-year-old E.N. if she wanted to sleep in his room with him, and E.N. agreed. E.N.