ILNews

Judges affirm juvenile adjudication case

Michael W. Hoskins
January 1, 2008
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A 17-year-old male drove by the Indiana State Fairgrounds in a sports car last year with DVD-recorded nude and sexually explicit scenes playing on a video screen visible from the rearview window.

Today, the Indiana Court of Appeals affirmed his adjudication as a delinquent juvenile for disseminating matter harmful to minors, an offense that would be a felony if committed by an adult. The court held that minors had visible access to the videos and that was sufficient evidence.

In M.S. v. State of Indiana, 49A05-0801-JV-11, the court ruled on the case from September 2007. M.S. had a passenger in the front seat and drove by the Indiana State Fairgrounds with a DVD playing on a screen visible to other nearby drivers from the rear of M.S.'s vehicle. Another screen was set-up on the center console, hooked up to the DVD player. An Indianapolis police officer pulled M.S. over after noticing unusual distances between his and other vehicles.

By allowing the DVDs to play, the appellate court concluded that a reasonable trier of fact could determine that M.S. knew the video was playing and that, by driving on a busy street near the fairgrounds, he should have known of the potential dangers that minors could view the scenes. Under the clear and unambiguous definition of "access," minors did not need to be present as M.S. had argued because they would have visual, auditory, or physical access.
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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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