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Dad’s text to daughter supports violation of protective order

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A Johnson County man who sent a text message to his daughter to give to his ex-wife – who had a protective order against him – violated that order when he sent his daughter the message, the Indiana Court of Appeals affirmed.

S.B., who has remarried and has two children with her new husband, had a protective order in effect against her ex-husband Todd Dewayne Kelly. Kelly was prohibited from having direct or indirect contact with her. He sent their daughter, L.K., a text and told her to give the message to her mother.

The message said “contacting court next week, if you see your mom tell her I said rattle, rattle, rattle.” S.B. believed it was an attempt to threaten or intimidate her based on Kelly’s previous use of the phrase “rattle, rattle, rattle” to intimidate her while they were still married.

Kelly was charged with Class A misdemeanor invasion of privacy and found guilty. He was sentenced to one year in jail, with 180 days executed and the rest suspended – provided he refrained from contacting his ex-wife.

Kelly cited Huber v. State, 805 N.E.2d 887 (Ind. Ct. App. 2004), to support his claim that the state didn’t prove he directly or indirectly contacted his ex-wife. In Huber, the appeals court found the defendant didn’t directly or indirectly contact the victim when he asked a domestic violence advocate, who refused, to contact the victim.

Unlike the third party in Huber, L.K. did not tell Kelly that she would not give the message to S.B, Judge Cale Bradford wrote. She showed it to her mom and stepdad, and they contacted police on the belief the message was threatening. Kelly even used the same “rattle” phrase on S.B.’s Facebook page while the misdemeanor charge was pending.

The judges declined to reweigh the evidence and affirmed Kelly’s conviction.

The case is Todd DeWayne Kelly v. State of Indiana, 41A01-1311-CR-519.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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