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Improper venue doesn't require acquittal

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Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.

In Dustin Neff v. State of Indiana, No. 29A02-0904-CR-332, Dustin Neff challenged his conviction of Class C felony child solicitation. Neff chatted with "Lizzy" online, whom he believed to be a 12-year-old girl in Carmel. "Lizzy" was actually a woman from Georgia who volunteered for Perverted Justice, an organization in which volunteers try to catch adults in Internet chat rooms who try to prey on children.

In his chats with Lizzy, Neff asked for pictures, asked her if she'd want to kiss and indicated he wanted to have sexual intercourse with her. They arranged to meet at Dairy Queen in Carmel. After driving from his home in Madison County, Carmel police - who were tipped off by the volunteer from Georgia - arrested Neff after he admitted to driving there to meet Lizzy.

At closing argument, he argued Hamilton County wasn't the proper venue; the Hamilton Superior Court disagreed and he was convicted of the charge at a bench trial.

Neff challenged his conviction, arguing there isn't sufficient evidence because the information on the case alleged that "on or about May 2, 2006," Neff committed child solicitation. Neff relied on the contents of the May 2 chat, and he claimed the conversation didn't rise to the level of child solicitation. But the contents of an April 29 chat provided sufficient evidence of child solicitation, wrote Judge Michael Barnes. The precise date of the alleged solicitation isn't of the essence of the offense of child solicitation, nor was Neff misled into believing the state wouldn't rely on evidence related to the April 29 chat.

The appellate court agreed with Neff that Hamilton County wasn't the proper venue since he was in Madison County while chatting with the woman from Georgia. Neff completed all the conduct required to establish child solicitation when he sat at his computer in Madison County.

"Although venue for a chain of criminal events may lay in any county in which any of the events occurred, Neff did not engage in any conduct in furtherance of child solicitation in Hamilton County," wrote the judge.

Then the issue arose whether the venue error would lead to an acquittal of the charges or if he could be retried in Madison County.

"The question here, then, is whether our reversal of Neff's conviction due to improper venue is an acquittal based upon insufficient evidence or a reversal based on legal error for double jeopardy purposes. We conclude it is the latter," Judge Barnes wrote.

The state's failure to prove venue in Hamilton County was not a failure to prove an element of the offense and implies nothing with respect to Neff's guilt or innocence. The case is to be transferred to Madison County for further proceedings.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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