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Appeals court affirms molester’s conviction, splits on probation restriction

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A man’s 15-year executed prison sentence for a conviction of child molesting was affirmed by a Court of Appeals panel Tuesday, but one judge found the conditional probation restrictions on activities involving children unconstitutionally vague.

In Anthony Scott Bratcher v. State of Indiana, 90A02-1301-CR-3, the appeals panel affirmed the Class B-felony conviction imposed in Wells Circuit Court after Bratcher pleaded guilty to molesting a 5-year-old girl when he was 18.

The panel found the sentence was not inappropriate and that Bratcher had not received the maximum sentence because five years of the 20-year term was suspended to probation.

“While Bratcher’s troubled childhood that resulted in juvenile adjudications and placement in juvenile facilities is a consideration in a review of his character, so too is his behavior while in those juvenile facilities,” Judge Rudolph R. Pyle III wrote for the panel that included judges Michael Barnes and Terry Crone.

“Bratcher repeatedly violated probation under his various dispositional orders. Most significant of all these violations was that Bratcher committed child molesting while on juvenile probation for theft,” prior to the instant case.

Crone concurred in the opinion except for its ruling affirming a condition of probation that restricted his interaction with children. The condition: "You shall not participate in any activity which involves children under 18 years of age, such as, but not limited to, youth groups, Boy Scouts, Girl Scouts, Brownies, 4-H, YMCA, YWCA, or youth sports teams, unless given permission by the Court."    

As he did in Collins v. State, 911 N.E.2d 700, 707 (Ind. Ct. App. 2009), trans. denied, Crone wrote in a one-paragraph dissent, “I believe that condition is unconstitutionally vague. Therefore, I respectfully dissent as to that issue.”



 


 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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