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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: NANCY A. McCASLIN McCaslin & McCaslin Kokomo, Indiana

FILED
Mar 14 2012, 9:17 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOHN McMAHAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A03-1109-CR-409

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable Charles C. Wicks, Judge The Honorable James Rieckhoff, Sr., Judge pro tempore Cause No. 20D05-1104-CM-188

March 14, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant John McMahan appeals from his conviction of Class A misdemeanor Invasion of Privacy.1 McMahan argues that the admission of an unredacted protective order against him constituted fundamental error, the trial court erred in denying his mistrial motion based on allegedly impermissible testimony by a State's witness, and alleged prosecutorial misconduct amounted to fundamental error. affirm. FACTS AND PROCEDURAL HISTORY McMahan and Jennifer Snider dated for approximately one year, and, after the relationship ended, McMahan continued to contact her against her wishes. On July 1, 2010, Snider obtained an ex parte protective order, which indicated that Snider had shown that stalking had occurred by a preponderance of the evidence and that McMahan "represent[ed] a credible threat to the safety of [Snider] or a member of [her] household." State's Ex. 1 at 3. Following a hearing on July 26, 2010, the trial court issued a permanent protection order, in which the trial court found that McMahan "represent[ed] a credible threat to the safety of [Snider] or a member of [her] household" and that Snider had shown, "by a preponderance of the evidence, that domestic or family violence, a sex offense, or stalking ha[d] occurred sufficient to justify the issuance of this Order." State's Ex. 1 at 10. The protective order was to expire on July 26, 2012. On April 9, 2011, Snider was on her front porch at her home in Elkhart with some family members. McMahan and his sister drove by three or four times. McMahan also We

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Ind. Code

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