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COA: Church not a 'youth program center'

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The Indiana Court of Appeals reversed a man's Class A felony conviction of possession of cocaine, finding he wasn't within 1,000 feet of a "youth program center" because the building is a church running mostly faith-based programs. It's an issue of first impression for Indiana courts.

In Walker Whatley v. State of Indiana, No. 49A02-0809-CR-808, Walker Whatley argued that Robinson Community Church, which was within 1,000 feet of where he was arrested, isn't considered a youth program center for purposes of Indiana Code Section 35-48-4-6. He claimed the criminal statute and statute defining youth program center are unconstitutionally vague as applied to him. The criminal statute at issue here doesn't punish possession with 1,000 feet of a church.

The issue of felony enhancement for a violation of a "drug free zone" defined as a youth program center hasn't been the subject of an Indiana decision yet, wrote Senior Judge Patrick Sullivan.

Whatley argued because the church bears no identifier to signify it as a "youth program center," the statute provides no basis for individuals to know they are within 1,000 feet of one. He also argued the Indiana statutory scheme relative to youth program centers is fatally flawed because no bright-line rule is presented that would put a person of ordinary intelligence on notice that a person is within 1,000 feet of an unmarked youth program center. But according to Polk v. State, 683 N.E.2d 567 (Ind. 1997), such knowledge or notice isn't required for constitutionality, wrote Senior Judge Sullivan.

Examining cases from other jurisdictions, the appellate court unanimously decided Robinson Community Church was and remains a church and isn't converted into a youth program center by reason of its faith-based activities for young people. The pastor of the church even testified that all of the services and events for children are essentially faith based.

"Bi-weekly Girl Scout troop meetings and mentoring of children by adult members of the congregation were accessory or incidental to the existence and identity as a church. The church was not a youth program center. It remained a church notwithstanding the incidental activities not solely religious in nature," he wrote.

The Court of Appeals reversed Whatley's conviction and remanded for an entry of a conviction as a Class C felony and to sentence him accordingly.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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