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Justices differ on defining 'youth program center'

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Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a “youth program center” because the church that ran the programs wasn’t easily identifiable as regularly running programs for kids.

Justices Theodore Boehm and Robert Rucker dissented from the majority in Walker Whatley v. State of Indiana, No. 49S02-0908-CR-379, because they didn’t believe a casual observer would know that the church ran youth-oriented programs. The dissenting justices agreed with the majority that there are many buildings that are easily identifiable as regular providers of programs or services for children.

“But the statute under the majority’s rationale here looks only to the activities conducted in the structure to determine whether it is a youth program center, and not to whether a casual observer could readily discern that the structure provides those services,” wrote Justice Boehm. “This reasoning would make a youth program center of every residence housing a Cub Scout weekly meeting.”


The majority held that it didn’t matter that the programs offered by Robinson Community Church were of religious content or that the church has other uses for the building. The statute doesn’t explicitly or implicitly place any limitations on the content of programs offered or why children are present, wrote Justice Frank Sullivan for the majority.

Walker Whatley was arrested in his home on a warrant in an unrelated case when police discovered he had a little over 3 grams of cocaine in his pocket. Because he lived nearly 800 feet from Robinson Community Church, the charge was elevated a Class A felony, of which he was convicted.

The Indiana Court of Appeals overturned his conviction on the grounds the church didn’t qualify as a “youth program center” under Indiana Code Section 35-48-4-6 because its youth programs didn’t change its status as a church. They ordered that the conviction be entered as a Class C felony and that he be sentenced accordingly.

Whatley argued that the statute is unconstitutionally vague as it applies to him because there was nothing about the church, such as signage, indicating that it’s a protected area. But the majority found Whatley could have observed the church’s status by seeing young people enter and exit the building on a regular basis; he also could have asked if it offered youth programs on a regular basis. Just as was the case in Walker v. State, 668 N.E.2d 243 (Ind. 1996), it doesn’t matter that Whatley was unaware of the existence of the youth program center. The statute isn’t vague as applied to the facts of Whatley’s case, wrote Justice Sullivan.

But that’s one reason why Justices Boehm and Rucker dissented – the enhancement doesn’t list church or any other term that might more plainly include Robinson Community Church. Due process requires that a criminal statute give everyone reasonable notice of what is prohibited, Justice Boehm wrote. Justice Rucker concurred that Whatley’s enhanced sentence should be set aside.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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