Court of Appeals of Indiana | Memorandum Decision 19A-CR-1742 | March 13, 2020 Page 1 of 16

MEMORANDUM DECISION

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

Mark Small

Indianapolis, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Ian McLean

Supervising Deputy Attorney 

General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Cody Brown,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

March 13, 2020

Court of Appeals Case No.

19A-CR-1742

Appeal from the Clinton Circuit 

Court

The Honorable Bradley K. Mohler, 

Judge

Trial Court Cause No.

12C01-1507-F1-690

Altice, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-1742 | March 13, 2020 Page 2 of 16

Case Summary

[1] Following a jury trial, Cody Brown was convicted of Level 1 felony neglect of a 

dependent resulting in death and Level 2 felony battery to a person less than 

fourteen years of age resulting in death, both of which related to the death of his 

infant daughter. Brown claims that his two convictions violate double jeopardy 

principles, that the trial court abused its discretion when it admitted into 

evidence two letters that he had written during a police interview, and that his 

sentence of thirty-two years with two years suspended is inappropriate. 

[2] We affirm in part, vacate in part, and remand.

Facts & Procedural History

[3] Brown and C.B. (Mother) are the parents of one child, A.B., who was born in 

June 2015. Brown and Mother, then married, lived in an apartment in 

Frankfort, Indiana. On July 25, 2015, Mother, Brown, and A.B. attended the 

annual Hot Dog Festival in Frankfort. They went home for a period of time, 

and then Mother returned to the festival around 8:00 p.m., with Brown staying 

home to care for A.B. Around 9:00 p.m., Brown brought A.B. in a child seat 

carrier to Mother at the festival. Mother thought Brown looked “scared” and 

“nervous” and “like he’[d] been crying.” Transcript Vol. 2 at 24. Brown told 

Mother that he had tripped in the apartment “over the stroller and the cats” and 

fell while holding A.B. and that they needed to go to the hospital. Id. at 25. 

Mother saw that A.B. was not breathing normally, her eyes were closed, and 

Mother “knew something wasn’t right.” Id. Mother and Brown went to the 
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local hospital, and doctors told them that A.B. should be transferred to Riley 

Hospital for Children in Indianapolis (Riley). Brown initially expressed 

reluctance about transferring A.B. to Riley and urged that he, Mother, and A.B. 

instead go home. Mother asked Brown to go to their apartment to get her 

phone charger and some clothes, which he did, and while he was gone, she 

consented to the transfer. After evaluation at Riley, doctors there determined 

that A.B. had traumatic head injuries.

[4] Meanwhile, Detective Wesley Hickson of the Frankfort Police Department 

(FPD) began an investigation of A.B.’s injuries. Det. Hickson contacted 

Brown’s family, and thereafter Brown called Det. Hickson and agreed to meet 

him at Riley. There, Det. Hickson interviewed Mother and Brown separately. 

Det. Hickson read and Brown signed a Miranda waiver form. Brown told Det. 

Hickson that Mother had left the apartment around 8:00 p.m. and that he had 

wanted “to go to the freaking . . . concert and not stay home.” Id. at 81. He 

told Det. Hickson that he was trying to feed A.B. when there was a knock at the 

door, which he thought was someone coming to see a piece of furniture that he 

had listed for sale. Brown told Det. Hickson that, while holding A.B., he got up 

to answer the door but “[e]ither a cat ran under his feet or he tripped on a 

stroller and he fell with [the] baby.” Id. at 82. Brown described that, as he fell,

he turned his body in the air to protect A.B. and fell on his shoulder, securely 

holding A.B.’s head with his arm, so that only A.B.’s bottom made contact with 

the floor. Brown said that when he answered the door, no one was there. 

Brown told Det. Hickson that A.B. initially was fussy after the fall and calmed 
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down when he put her in her car seat, but “something didn’t seem right,” so he 

took A.B. to the festival to find Mother “so that they could go to the hospital.” 

Id. at 85. Brown told Det. Hickson that, when he went back to the apartment to 

get the charger and clothes, he moved the stroller into the kitchen from the 

living room and hallway area.

[5] On July 28, Brown contacted Det. Hickson and asked about the progress of the 

investigation. Det. Hickson asked Brown to speak with him again, and Brown 

agreed to come to the FPD the next day. Brown was interviewed by Det. 

Hickson on July 29 in the interview room. Det. Hickson again read Miranda

rights to Brown, who signed a waiver of those rights. The interview lasted three 

hours. Brown initially told Det. Hickson a similar version of events about 

tripping in the apartment and falling in such a way to protect A.B. from hitting 

her head. Brown said that the sound that he thought was a knock on the door 

was not actually a knock but was the neighbors down the hall making noise. 

He explained to Det. Hickson that he decided to take A.B. to Mother because 

A.B. began to act not normal and he believed something was wrong. Det. 

Hickson left the interview for five to ten minutes and, upon returning, advised

Brown that the information received from the medical professionals indicated 

that A.B. was not injured by a fall. As the interview progressed, Det. Hickson 

said Brown became emotional and changed his version of events, telling Det. 

Hickson that he had been sitting and feeding A.B., and was rocking her but she 

would not stop crying and calm down, and he felt himself “getting more

frustrated with the baby.” Id. at 114. Brown said he “went into his own little 
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world” and when he opened his eyes, he was “rocking the baby too hard.” Id. 

Det. Hickson testified that he offered Brown the opportunity to write letters to 

Mother and A.B. “explaining to them . . . what had happened and his feelings 

on that.” Id. at 115. He left Brown in the interview room during which time 

Brown wrote two letters, one to Mother and one to A.B. Det. Hickson said 

that, upon returning to the interview room, he (Det. Hickson) read the letters 

aloud, and Brown signed them. Det. Hickson arrested Brown.

[6] A.B. was treated at Riley for a couple of weeks. Her condition continued to 

decline, and she was placed for a time on artificial ventilation and nutrition, 

which later was removed. A.B. died some days later, on August 13, 2015. The 

autopsy report stated that A.B. died from blunt force trauma to her head, which 

the pathologist determined was the result of rapid “acceleration/deceleration” 

movement. Id. at 221.

[7] On August 13, 2015, the State charged Brown with neglect of a dependent 

resulting in death, a Level 1 felony, and battery to a person less than 14 years of 

age resulting in death, a Level 2 felony. Brown filed a motion to suppress the

statements that he made to Det. Hickson, including the letters he wrote to 

Mother and A.B. Brown’s motion asserted that Det. Hickson used “deceptive 

interrogation techniques” and “psychological intimidation,” which rendered his 

statements involuntary. Appellant’s Appendix Vol. 3 at 29-30. Brown relied, in 

part, on the fact that that during the three-hour interview Det. Hickson – who 

Brown knew socially from church and in the community – stated a number of 

times that he would like to help Brown, that he could not help Brown if he was 
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not honest, that classes could help Brown, that he could help Brown get 

through this, and suggested admitting his mistake. Brown maintained that his 

“will was overcome” due to promises made and coercion. Id. at 32. 

[8] The State’s response observed that Det. Hickson first met with Brown on July 

26 at Riley, where Brown was not in custody and signed an Advice of Rights 

form and that, after Brown called Det. Hickson on July 28 inquiring about the 

status of the investigation, Brown agreed to come to the police station the 

following day to talk to Det. Hickson. Brown’s mother brought Brown to the 

police station, and Brown and Det. Hickson met in an interview room. Det. 

Hickson advised Brown of his Miranda rights and he again signed an Advice of 

Rights form. They met for approximately three hours, and during that time, 

Det. Hickson stepped out of the room for some minutes on at least two 

occasions. The State maintained that none of Det. Hickson’s interview 

techniques amounted to psychological intimidation. 

[9] Following the motion to suppress hearing, the trial court issued an order 

denying Brown’s motion, finding that the length of the interview was not 

excessive or unreasonable, especially given that Det. Hickson left the room on 

two occasions. The court also observed that Brown “is educated, was advised

of his Miranda rights, was not in custody, and was not restrained[,]” and it 

found “no evidence” that Det. Hickson was deceptive or utilized psychological 

intimidation “to any extent that would violate [Brown’s] rights.” Id. at 45. 
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[10] The jury trial commenced October 2, 2017. Among other witnesses, the State 

called Det. Hickson to testify. Brown did not object at trial when Det. Hickson 

testified to the oral statements that Brown had made during his interviews with 

Det. Hickson at Riley and later at the Frankfort police station. Det. Hickson 

testified that he could tell when interviewing Brown at Riley that Brown was 

“agitated” about the fact that Mother had left him with A.B. while she attended 

a concert at the festival. Transcript Vol. 2 at 81. Brown told Det. Hickson about 

having “somewhat of an anger issue” and that he would sometimes punch a 

wall or pillow to deal with the anger. Id. at 124. Det. Hickson testified that he 

and Brown discussed an event that had occurred about two weeks prior, on July 

12 or 13, when Mother and Brown took A.B. to a Lafayette hospital because

A.B. was not breathing properly due to choking while being fed. A.B. was 

transferred at that time from Lafayette to Riley. No diagnosis was made and 

A.B. was released. 

[11] During Det. Hickson’s testimony, the State sought to admit the two letters that 

Brown had written during the July 29 interview. Brown objected on the same 

grounds raised in his motion to suppress, as well as on the basis that the 

probative value was outweighed by prejudicial effect. The trial court admitted 

the letters over his objection, and the letters were read into evidence. His letter 

to Mother included: 

I was talking to [Det. Hickson] and remembered that I was 

rocking [A.B.] trying to get to her to calm down and go to sleep. 

I regretfully admit I got frustrated and went off to my own world 

while rocking her. When I came to I was going faster th[a]n I 
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was before. After that I started to feed her again and that is when 

I fell with [A.B.]. I guess you were right. IT’S ON ME. 

Anyways I know you want a divorce so I will give you one. I’m 

so sorry and I do love [A.B.]. Let her know that daddy loves her 

and never meant to hurt her. I will never forgive myself for doing 

this even though it was an accident.

Id. at 118 (emphasis in original). 

[12] Catherine Huber, M.D., a member of Riley’s Child Protection Team (the 

Team) – a group of pediatricians and nurse practitioners who are called to 

evaluate cases in which there is suspected child abuse or neglect – testified that 

A.B.’s injuries were caused by “a rapid acceleration and deceleration event 

where the head is moved back and forth quite quickly[.]” Id. at 165. Her final 

diagnosis was that A.B.’s injuries were from “non-accidental trauma[.]” Id. at 

164. Dr. Huber testified that, based on her education and experience, Brown’s 

explanation about tripping and falling while carrying A.B. was not consistent 

with the injuries sustained by A.B. 

[13] In addition to calling two witnesses, Brown testified in his own defense. He 

stated that he was “frustrated” that Mother preferred to go to the festival rather 

than stay home with her family and “went to [his] own little world to try and 

calm down” for thirty to sixty seconds, and when he “came out of it,” he 

“recognized that [he] was rocking just a little bit harder than what [he] was 

initially.” Transcript Vol. 3 at 69-70, 92. Brown stated that he then tried to feed 

A.B., but she would not take her bottle, and when he got up to answer a knock 

at the door, he tripped and fell on the stroller and the cats. He testified that he 
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did not have “any interactions” with A.B. that day “that could have caused her 

harm.” Id. at 88.

[14] The jury found Brown guilty of both charges. In December 2017, the trial court 

sentenced him on Count I to thirty-two years with two years suspended to 

probation and to a concurrent term of nineteen years on Count II. Brown filed 

an appeal, which this court dismissed without prejudice in order for him to file 

a belated motion to correct error concerning alleged juror misconduct, which 

the trial court denied. Brown now appeals. 

Discussion & Decision

I. Double Jeopardy

[15] Brown asserts that his convictions for Count I, Level 1 felony neglect of a 

dependent resulting in death, and Count II, Level 2 felony battery on a person 

less than fourteen years of age resulting in death, violate the Double Jeopardy 

Clause of the Indiana Constitution, which provides: “No person shall be put in 

jeopardy twice for the same offense.” Ind. Const. art. 1, § 14. “Indiana’s 

Double Jeopardy Clause ... prevent[s] the State from being able to proceed 

against a person twice for the same criminal transgression.” Lumbley v. State, 74 

N.E.3d 234, 241 (Ind. Ct. App. 2017), trans. denied. Whether multiple 

convictions violate double jeopardy is a question of law, which this court 

reviews de novo. Rexroat v. State, 966 N.E.2d 165, 168 (Ind. Ct. App. 2012), 

trans. denied.
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[16] The Indiana Supreme Court has held that “two or more offenses are the ‘same 

offense’ in violation of Article 1, Section 14 of the Indiana Constitution, if, with 

respect to either the statutory elements of the challenged crimes or the actual 

evidence used to convict, the essential elements of one challenged offense also 

establish the essential elements of another challenged offense.” Richardson v. 

State, 717 N.E.2d 32, 49 (Ind. 1999). In addition to the same-elements and 

actual-evidence tests, Indiana also follows a “‘series of rules of statutory 

construction and common law that are often described as double jeopardy, but 

are not governed by the constitutional test set forth in Richardson.’” Guyton v. 

State, 771 N.E.2d 1141, 1143 (Ind. 2002) (quoting Pierce v. State, 761 N.E.2d 

826, 830 (Ind. 2002)). One of these rules bars “[c]onviction and punishment for 

a crime which consists of the very same act as another crime for which the 

defendant has been convicted and punished.” Id.

[17] Here, Brown argues that Count I and Count II “arose from the same event 

involving the same child as a victim.” Appellant’s Brief at 26. The State 

concedes that the two convictions violate principles of double jeopardy. As the 

State observes, the charging information and closing arguments show that 

Brown’s physical abuse of A.B. was used to show that he endangered her and 

that he battered her and thus “the very same act” was used to prove both 

offenses. Appellee’s Brief at 23. Our court has recognized that imposition of 

concurrent sentences is insufficient to cure the problem. See Adams v. State, 754 

N.E.2d 1033, 1036 (Ind. Ct. App. 2001). We therefore remand with 
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instructions to vacate the conviction for Count II, Level 2 felony battery on a 

person less than fourteen years of age resulting in death. 

II. Admission of Evidence

[18] Brown asserts that the letters he wrote to Mother and A.B. during his interview 

with Det. Hickson should have been suppressed and not admitted at trial over 

his objections. The general admission of evidence at trial is a matter we leave 

to the discretion of the trial court. See Clark v. State, 994 N.E.2d 252, 259-60 

(Ind. 2013). We review for an abuse of the trial court’s discretion and reverse 

only when the admission of the challenged evidence is clearly against the logic 

and effect of the facts and circumstances and the error affects a party’s 

substantial rights. Sage v. State, 114 N.E.3d 923, 928 (Ind. Ct. App. 2018). 

[19] Brown argues that the two letters he wrote during his interview with Det. 

Hickson were not voluntary.1

 Under Indiana law, the State is required to prove 

beyond a reasonable doubt that a statement is voluntary. Sage, 114 N.E.2d at 

928 (citing Weisheit v. State, 26 N.E.3d 3, 18 (Ind. 2015), cert. denied). When 

evaluating the voluntariness of a statement, the trial court considers the 

“totality of the circumstances, including any element of police coercion; the 

length, location, and continuity of the interrogation; and the maturity, 

1 To the extent that Brown contends that his verbal statements to Det. Hickson should not have been 

admitted, he did not object at trial when Det. Hickson testified to what Brown said during the interviews. 

Thus, the issue is waived. Shoda v. State, 132 N.E.3d 454, 460 (Ind. Ct. App. 2019) (pretrial motions do not 

preserve error and defendant must make contemporaneous objection when evidence is introduced at trial). 

The only exception would be for fundamental error, and Brown does not argue or mention fundamental error 

in his brief. 
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education, physical condition, and mental health of the defendant.” Id. The 

critical inquiry is whether the defendant’s statements were induced by violence, 

threats, promises, or other improper influence. Scalissi v. State, 759 N.E.2d 618, 

621 (Ind. 2001). We review the trial court’s determination of voluntariness as a 

sufficiency of the evidence issue. Sage, 114 N.E.2d at 928. We do not reweigh 

the evidence, and we will affirm if the trial court’s finding of voluntariness is 

supported by substantial evidence. Id. We will consider the foundational 

evidence from the trial related to the circumstances surrounding the defendant’s 

statements to police, as well as the evidence from the motion to suppress 

hearing which is favorable to the defendant and which is not in direct conflict 

with the trial testimony. See Clark, 994 N.E.2d at 259 n.9 (citing Kelley v. State, 

825 N.E.2d 420, 427 (Ind. Ct. App. 2005)).

[20] Here, at the suppression hearing and at the trial, Det. Hickson testified that 

Brown contacted him on July 28, Brown’s mother brought him to FPD the next 

day at Det. Hickson’s request, Brown signed a Waiver of Rights form, and he 

interviewed Brown for about three hours in the interview room. Det. Hickson 

testified that, after Brown changed his story from tripping and falling to 

acknowledging that he was frustrated and realized he was “rocking the baby too 

hard,” Det. Hickson offered Brown “the opportunity” to write “apology” letters 

to Mother and to A.B. “explaining to them . . . what had happened and his 

feelings on that.” Transcript Vol. 1 at 79, 80; see also Transcript Vol. 2 at 114, 115. 

Det. Hickson stepped out of the room and observed Brown writing the letters. 

Det. Hickson denied that he ever made any threats or promises to Brown. 
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While Brown testified at trial that Det. Hickson did not offer him water or a 

restroom break, Det. Hickson testified that Brown did not ask to use the 

restroom and he did not recall whether he offered water to Brown. 

[21] At the suppression hearing, Det. Hickson testified that he knew at the time of 

the interview that Brown was twenty-one years old and had a high school 

diploma. Det. Hickson acknowledged that because, through his training and 

experience, he felt that Brown was at first being dishonest, he continued to press 

Brown with questions, and that once Brown began to open up, Brown became 

emotional, which Det. Hickson told Brown “was part of the process of taking 

responsibility for our actions.” Transcript Vol. 1 at 81. With regard to Det. 

Hickson’s various statements to Brown about helping him, Det. Hickson 

explained that, although he was in search of the truth about what happened to 

A.B., he was also “there to be [Brown’s] voice” and that if Brown had given 

him information that was contradictory to that which he already had, Det. 

Hickson would have “looked into it to ensure . . . [Brown] would have been 

given the fair shake.” Id. at 85. Det. Hickson stated, “I went above and beyond 

for [Brown] and his family during this investigation. More so than I’ve ever 

done with any other family.” Id. at 86.

[22] Based on the totality of the circumstances, we find that Det. Hickson’s tactics

did not overcome Brown’s will or render his statement involuntary. Det. 

Hickson allowed Brown to tell his version of events about how he tripped while 

holding A.B., but he also told Brown that this version did not comport with the 

reports of the medical professionals and encouraged him to be honest. Det. 
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Hickson testified that he offered but did not instruct or require Brown to write 

the letters. When Det. Hickson read the letters back to Brown, Brown did not 

contest the statements therein. We find that the trial court’s determination of 

voluntariness was supported by sufficient evidence. Accordingly, the trial court 

did not abuse its discretion when it admitted the letters at trial.

III. Sentence

[23] Brown also challenges the thirty-two-year sentence imposed by the trial court. 

Brown conflates the abuse of discretion standard with the inappropriate 

sentence standard, arguing: “The sentence was unreasonable given the nature 

of the offense and Brown’s character, particularly when the trial court gave no 

weight to Brown’s military service.” Appellant’s Brief at 27. This is improper. It 

is well-settled that the two types of claims are distinct and are to be analyzed 

separately. King v. State, 894 N.E.2d 265, 266 (Ind. Ct. App. 2008). 

[24] Pursuant to Ind. Appellate Rule 7(B), this Court “may revise a sentence 

authorized by statute if, after due consideration of the trial court’s decision, the 

Court finds that the sentence is inappropriate in light of the nature of the offense 

and the character of the offender.” Deference to the trial court’s sentencing 

decision “should prevail unless overcome by compelling evidence portraying in 

a positive light the nature of the offense (such as accompanied by restraint, 

regard, and lack of brutality) and the defendant’s character (such as substantial 

virtuous traits or persistent examples of good character).” Stephenson v. State, 29 

N.E.3d 111, 122 (Ind. 2015). Brown bears the burden of persuading us that his 
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sentence is inappropriate. Barker v. State, 994 N.E.2d 306, 315 (Ind. Ct. App. 

2013), trans. denied.

[25] An abuse of discretion occurs if the decision is clearly against the logic and 

effect of the facts and circumstances. Belcher v. State, 138 N.E.3d 318, 327 (Ind. 

Ct. App. 2019), trans. denied. A trial court abuses its discretion if it (1) fails to 

enter a sentencing statement at all, (2) enters a sentencing statement that 

explains reasons for imposing a sentence—including a finding of aggravating 

and mitigating factors if any—but the record does not support the reasons, (3) 

enters a sentencing statement that omits reasons that are clearly supported by 

the record and advanced for consideration, or (4) considers reasons that are 

improper as a matter of law. Allen v. State, 875 N.E.2d 783, 788 (Ind. Ct. App. 

2007) (quotations omitted). The relative weight or value assignable to reasons 

properly found, or to those which should have been found, is not subject to 

review for abuse of discretion. Id.

[26] In the Argument section of his brief, Brown discusses neither the nature of the 

offense nor his character. Rather, as the State observes, Brown merely recites 

principles of review (under both Rule 7(B) and abuse of discretion), states the 

minimum, advisory, and maximum sentences for his offenses, “and ends his 

argument.” Appellee’s Brief at 25. While Brown mentions in his heading that 

“the trial court gave no weight to Brown’s military service[,]” Appellant’s Brief at 

27, Brown fails to cite to the record or provide any argument in support. In 

sum, Brown has failed to meet his burden to show either that that his sentence 

is inappropriate or that the trial court abused its discretion in sentencing him. 
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[27] Judgment affirmed in part, vacated in part, and remanded.

Robb, J. and Bradford, C.J., concur.