Weida v. State (Ind. 2018)

Weida v. State, 94 N.E.3d 682 (Ind. 2018)

Nature of Case: Appellant was convicted of sex offense in Indiana state court, and was subsequently sentenced to split sentence of prison followed by probation with special conditions. Appellant challenged the reasonableness and constitutionality of conditions related to internet usage, and the trial court rejected his arguments. Appellant then appealed, and the Court of Appeals affirmed. Appellant then sought review from the Indiana Supreme Court, which was granted.

Holding:  Indiana Supreme Court affirmed in part and reversed in part, holding that special conditions of supervision related to internet useage were not unconstitutionally vague, nor are they unduly intrusive onto Frist Amendment freedoms. However, Court held that condition that required prior approval from probation officer for internet access was unreasonable.