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Appeals court affirms molester’s conviction, splits on probation restriction

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A man’s 15-year executed prison sentence for a conviction of child molesting was affirmed by a Court of Appeals panel Tuesday, but one judge found the conditional probation restrictions on activities involving children unconstitutionally vague.

In Anthony Scott Bratcher v. State of Indiana, 90A02-1301-CR-3, the appeals panel affirmed the Class B-felony conviction imposed in Wells Circuit Court after Bratcher pleaded guilty to molesting a 5-year-old girl when he was 18.

The panel found the sentence was not inappropriate and that Bratcher had not received the maximum sentence because five years of the 20-year term was suspended to probation.

“While Bratcher’s troubled childhood that resulted in juvenile adjudications and placement in juvenile facilities is a consideration in a review of his character, so too is his behavior while in those juvenile facilities,” Judge Rudolph R. Pyle III wrote for the panel that included judges Michael Barnes and Terry Crone.

“Bratcher repeatedly violated probation under his various dispositional orders. Most significant of all these violations was that Bratcher committed child molesting while on juvenile probation for theft,” prior to the instant case.

Crone concurred in the opinion except for its ruling affirming a condition of probation that restricted his interaction with children. The condition: "You shall not participate in any activity which involves children under 18 years of age, such as, but not limited to, youth groups, Boy Scouts, Girl Scouts, Brownies, 4-H, YMCA, YWCA, or youth sports teams, unless given permission by the Court."    

As he did in Collins v. State, 911 N.E.2d 700, 707 (Ind. Ct. App. 2009), trans. denied, Crone wrote in a one-paragraph dissent, “I believe that condition is unconstitutionally vague. Therefore, I respectfully dissent as to that issue.”



 


 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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