IL for www.theindianalawyer.com
The Indiana Supreme Court granted one transfer request and denied 18 others last week, agreeing to hear an argument as to whether content found on the phone of a man convicted of sexual misconduct with a minor is considered obscene under an Indiana statute.
Justices granted transfer to Nathaniel Bennett v. the State of Indiana, 18S-CR-538, a case in which the Indiana Court of Appeals affirmed the revocation of Nathaniel Bennett’s placement in community corrections when it found a cell phone in his possession contained “obscene matter,†which he was prohibited from having. Specifically, after Bennett pleaded guilty to sexual misconduct with a minor and was sentenced to seven years – with four years served in community corrections followed by three years on probation – police found explicit photographs and videos on a cell phone in Bennett’s possession.
As a result, the Marion Superior Court revoked Bennett’s placement in community corrections and ordered him to serve four years in the Indiana Department of Correction. Bennett appealed, arguing the judge’s statements during the sentencing hearing indicate the court found the phone did not contain “obscene†matter as defined by Indiana statute, but the COA disagreed in an August memorandum decision.
The complete list of transfer decisions for the week ending Oct. 26 can be read here.Â
