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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. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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