ILNews

Court divided on invasion of privacy charge

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The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.

Kimberly Thomas had an ex parte order for protection issued against her that prevented her from “harassing, annoying, telephoning, contacting or directly or indirectly communicating” with James Smith. While that order was in effect, the trial court held a hearing on the matter with both parties present. Thomas told Smith to stop calling her at the end of the hearing and in the court’s presence. She was immediately arrested and charged with Class A misdemeanor invasion of privacy.

The trial court found she violated the order and convicted her. Thomas argued there wasn’t enough evidence to show she acted with the mens rea to commit invasion of privacy because the “courtroom is a neutral zone where some terms of the protective order are naturally suspended” to conduct judicial proceedings. She argued that her statement was a gross violation of decency and decorum and that she should be held in contempt.

In Kimberly Thomas v. State of Indiana, No. 49A02-1002-CR-105, Judges Elaine Brown and Carr Darden believed given the context of this case that the judge should have used direct contempt to punish Thomas for her statement. They reversed her conviction and remanded for the trial court to resume direct contempt proceedings to address her comment if the court chooses to do so.

Judge Cale Bradford dissented, finding nothing in Indiana statute would have precluded the state from filing the invasion of privacy charge. He agreed that direct contempt proceedings would have been the “more efficient and preferred remedy” but the “statute plainly states that a person who violates a protective order commits invasion of privacy.”

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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