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Judges uphold convictions of invasion of privacy

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In a combined appeal, the Indiana Court of Appeals found Marion County was the proper venue to try a defendant’s invasion of privacy charges. Dewayne Jones claimed prosecutors couldn’t prove his victims were in Marion County when he called them, a violation of a no-contact order.

In Dewayne Jones v. State of Indiana, Nos. 49A02-1109-CR-855 and 49A02-1109-CR-853, Dewayne Jones argued that the state didn’t prove that Marion County was the proper venue for his Class D felony invasion of privacy charges. The two charges stemmed from calls he made to Modesty Jones, his estranged wife, and her mother, Sheila Brown, after a no-contact order had been issued. In case 853, Jones was convicted for calling Brown on May 17, 2011; in case 855, he was convicted for calling Modesty Jones’ cell phone on May 20, 2011.

The appellate court cited Indiana Code 35-32-2-1(k), which deals with an offense committed by a person using an electronic communication outside of Indiana directed at an Indiana resident. The statute says that Indiana has jurisdiction over violators of valid protective orders issued in Indiana regardless of whether either the perpetrator or the victim is physically in Indiana at the time of the violation. The state only needed to prove that the two women lived in Marion County at the time the offense was committed. Both women testified that they were in their homes in Marion County when Dewayne Jones called them.

In addition, Dewayne Jones was in Marion County on home detention at the time of the calls.

 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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