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Judges uphold convictions of invasion of privacy

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In a combined appeal, the Indiana Court of Appeals found Marion County was the proper venue to try a defendant’s invasion of privacy charges. Dewayne Jones claimed prosecutors couldn’t prove his victims were in Marion County when he called them, a violation of a no-contact order.

In Dewayne Jones v. State of Indiana, Nos. 49A02-1109-CR-855 and 49A02-1109-CR-853, Dewayne Jones argued that the state didn’t prove that Marion County was the proper venue for his Class D felony invasion of privacy charges. The two charges stemmed from calls he made to Modesty Jones, his estranged wife, and her mother, Sheila Brown, after a no-contact order had been issued. In case 853, Jones was convicted for calling Brown on May 17, 2011; in case 855, he was convicted for calling Modesty Jones’ cell phone on May 20, 2011.

The appellate court cited Indiana Code 35-32-2-1(k), which deals with an offense committed by a person using an electronic communication outside of Indiana directed at an Indiana resident. The statute says that Indiana has jurisdiction over violators of valid protective orders issued in Indiana regardless of whether either the perpetrator or the victim is physically in Indiana at the time of the violation. The state only needed to prove that the two women lived in Marion County at the time the offense was committed. Both women testified that they were in their homes in Marion County when Dewayne Jones called them.

In addition, Dewayne Jones was in Marion County on home detention at the time of the calls.

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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