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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 will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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