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Tuesday, July 09, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 12 NFP)

For publication opinions today (1):

In Wayne L. Patton v. State of Indiana, a 10-page opinion, Judge Baker writes:

In this case, the appellant-defendant Wayne L. Patton challenges a certain condition of probation that the trial court imposed following his conviction for Child Seduction, a class D felony. Patton contends that the condition prohibiting him from accessing various internet websites and computer programs in which children are likely to participate is “overly broad, excessively vague,” and impermissibly impinges on his First Amendment rights under the United States Constitution. Appellant’s Br. p. 4.

A trial court may impose conditions of probation that restrict a defendant’s activities substantially beyond the ordinary restrictions that are imposed upon an individual. The condition that the trial court imposed upon Patton is reasonable and is neither overbroad nor excessively vague because the condition relates directly to preventing Patton from communicating with children on the internet. The condition also specifically informs Patton that he is prohibited from engaging in internet activity that is designed and known to be used by children. As a result, we decline to strike this condition of probation, and we affirm the judgment of the trial court. * * *

Because the condition of probation in this case is specifically tailored to only those internet activities that are “frequented by children,” Patton is provided with adequate notice that he would be in violation of his probation by accessing websites that are designed and known to be used by children for communication. Also, in light of the vast nature of the internet, it would be virtually impossible for the legislature to list each and every website, chat room, or instant messaging program that permits communication by and among children. In short, because the language of the probation condition afforded Patton a predictable standard and notice with regard to his internet usage during his probationary period, his constitutional claims fail, and we decline to set aside the condition of probation that relates to his internet usage.

NFP civil opinions today (4):

Term. of the Parent-Child Rel. of: R.J. and T.W. (minor children), C.J. (Mother) and K.J. (Father) v. The Indiana Dept. of Child Services (NFP)

Turf Pro Plus, Inc. v. Indianapolis Department of Public Works, The City-County Council, and The Hon. Greg Ballard (NFP)

In the Matter of the Termination of Parent-Child Relationship of R.E. and D.E. v. Indiana Department of Child Services (NFP)

John S. Dillman, Jr. v. Michelle Dillman (NFP)

NFP criminal opinions today (8):

Larry A. Rowe, Jr. v. State of Indiana (NFP)

Brandon T. Wright v. State of Indiana (NFP)

Steven Gates v. State of Indiana (NFP)

Raymond E. Schakel v. State of Indiana (NFP)

Phong Tien v. State of Indiana (NFP)

William Zollinger v. State of Indiana (NFP)

Eugene Hill v. State of Indiana (NFP)

Matthew A. Baugh v. State of Indiana (NFP)

Posted by Marcia Oddi on July 9, 2013 10:42 AM
Posted to Ind. App.Ct. Decisions