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Divided court reverses teen’s intimidation adjudication

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Split over whether a teen’s threats toward his grandfather were intended to place the man in fear of retaliation for a prior lawful act, two Indiana Court of Appeals judges reversed a teen’s delinquency adjudication for committing intimidation.

Terry Landis called 911 and told law enforcement that he had escaped from his residence after his teenage grandson C.L. had held him hostage for several days because Landis refused to give a portion of a home loan he planned to take out to C.L. to buy a car. C.L. said if he didn’t get the money he would beat his grandfather and that if he got sent to jail he would kill his grandfather when he got out. Landis was fearful of his grandson because of his strength and size.

C.L. was adjudicated delinquent for committing one count of what would be Class A misdemeanor intimidation if committed by an adult. In In Re: The Matter of C.L., a Delinquent v. State of Indiana, 05A04-1306-JV-319, Judges John Baker and Terry Crone reversed because the statute requires the threats to place Landis in fear of retaliation for a prior lawful act. The majority held the threats made by C.L. were conditional and targeted a future conduct. Landis testified he had not taken out the loan yet at the time C.L. demanded the money.

Judge Edward Najam dissented, writing that Landis’ decision to get the home loan for repairs and refusal to give C.L. any portion of the loan constitute a prior lawful act. A reasonable inference from the evidence demonstrates that C.L.’s threats were intended to place his grandfather in fear of retaliation for his prior lawful act of having decided not to surrender a portion of the loan proceeds to C.L., Najam wrote.
 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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