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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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