ILNews

Ankle bracelet excuse fails in court

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A sex offender cannot use an ankle monitor as an excuse for failing to update his address on the sex offender registry, the Indiana Court of Appeals ruled.

Justin Taylor pleaded guilty to Class C felony child molesting and was released from incarceration in June 2009. At that time, he was told he was required to register with the Sex and Violent Offender Registry in Marion County for 10 years. The registry mandated Taylor provided his current address and update it within three days if he moved.

Taylor was arrested again in May 2011 and convicted of criminal confinement. He was release to home detention on Aug. 29, 2011.

In September, the compliance officer learned Taylor was not living at either of the addresses listed on the sex offender registry. Taylor was subsequently arrested and charged with a Class D felony failure to register as a sex offender.

The trial court found him guilty.

Taylor did not dispute he did not update his registry when he was placed on house arrest, but he claimed he did not knowingly or intentionally fail to register because he was not aware he was required to register. He assumed with an ankle bracelet and other means, the state was closely monitoring him.

In Justin Taylor v. State of Indiana, 49A05-1201-CR-4, the COA found his argument without merit and affirmed Taylor’s his conviction.

The state presented evidence Taylor received notice after his release that he was required to register as a sex offender for 10 years. Also in June 2009 and again in July 2009, he signed the form, which displayed in bold letters “FAILURE TO COMPLY IS A CLASS D FELONY.”

Judge Melissa May wrote, “Taylor’s signature acknowledged he understood that language, and he did comply with the requirements when he first registered as a sex offender. Any argument Taylor offers to the contrary is an invitation for us to reweigh the evidence, which we cannot do.”

 

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  • BS
    Failure to register should be a misdemeanor that carries a small fine! Class D felony my ass, our lawmakers are idiots tyhjat think the can make any law about anything in clear violation of the constitution!

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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