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.”



  • 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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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.