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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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