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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. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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