Justices differ on defining 'youth program center'

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Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a “youth program center” because the church that ran the programs wasn’t easily identifiable as regularly running programs for kids.

Justices Theodore Boehm and Robert Rucker dissented from the majority in Walker Whatley v. State of Indiana, No. 49S02-0908-CR-379, because they didn’t believe a casual observer would know that the church ran youth-oriented programs. The dissenting justices agreed with the majority that there are many buildings that are easily identifiable as regular providers of programs or services for children.

“But the statute under the majority’s rationale here looks only to the activities conducted in the structure to determine whether it is a youth program center, and not to whether a casual observer could readily discern that the structure provides those services,” wrote Justice Boehm. “This reasoning would make a youth program center of every residence housing a Cub Scout weekly meeting.”

The majority held that it didn’t matter that the programs offered by Robinson Community Church were of religious content or that the church has other uses for the building. The statute doesn’t explicitly or implicitly place any limitations on the content of programs offered or why children are present, wrote Justice Frank Sullivan for the majority.

Walker Whatley was arrested in his home on a warrant in an unrelated case when police discovered he had a little over 3 grams of cocaine in his pocket. Because he lived nearly 800 feet from Robinson Community Church, the charge was elevated a Class A felony, of which he was convicted.

The Indiana Court of Appeals overturned his conviction on the grounds the church didn’t qualify as a “youth program center” under Indiana Code Section 35-48-4-6 because its youth programs didn’t change its status as a church. They ordered that the conviction be entered as a Class C felony and that he be sentenced accordingly.

Whatley argued that the statute is unconstitutionally vague as it applies to him because there was nothing about the church, such as signage, indicating that it’s a protected area. But the majority found Whatley could have observed the church’s status by seeing young people enter and exit the building on a regular basis; he also could have asked if it offered youth programs on a regular basis. Just as was the case in Walker v. State, 668 N.E.2d 243 (Ind. 1996), it doesn’t matter that Whatley was unaware of the existence of the youth program center. The statute isn’t vague as applied to the facts of Whatley’s case, wrote Justice Sullivan.

But that’s one reason why Justices Boehm and Rucker dissented – the enhancement doesn’t list church or any other term that might more plainly include Robinson Community Church. Due process requires that a criminal statute give everyone reasonable notice of what is prohibited, Justice Boehm wrote. Justice Rucker concurred that Whatley’s enhanced sentence should be set aside.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...