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COA holds false customer review violates no-contact order

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The Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of his father’s cleaning company.

In Joshua Alford v. State of Indiana, No. 49A02-1109-CR-816, Joshua Alford appealed the revocation of his probation and the trial court’s order that he serve the remaining 309 days of his previously suspended sentence in the Indiana Department of Correction.

On April 29, 2010, the state charged Alford with two counts of Class C felony child molesting and later added a charge of Class D felony criminal confinement. It also issued a no-contact order for several parties, including Alford’s father, Jim. In January 2011, Alford pleaded guilty under a combined plea agreement to Class D felony criminal confinement and Class A misdemeanor domestic battery under another cause number. He was sentenced to concurrent suspended sentences of 887 days for each conviction, with 268 days of credit time and 365 days of probation. As a special condition of probation, the trial court continued the no-contact order for several people, including Alford’s father.

On July 28, 2011, the state filed a notice of probation violation alleging that Alford had violated the no-contact order by submitting a false report to Angie’s List about his father’s cleaning business that said, “They did a good job cleaning, but they stole my wife’s diamond earrings.”

The COA wrote that Alford was aware that he was to have no direct or indirect contact with his father. When Alford submitted the false review, he used an intermediary to harass his father, clearly violating his no-contact order. The appellate court affirmed the trial court’s determination that Alford serve the remainder of his sentence.

 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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