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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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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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