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Appeals court denies man’s request to be removed from sex offender registry

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Using the “intents-effects” test, the Indiana Court of Appeals has affirmed that the additional registration requirements imposed on a man on the sex offender registry after a 2006 change in the law do not amount to an impermissible ex post facto violation.

Kenneth Seales pleaded guilty in October 1998 to Class B felony child molesting for an offense that occurred in 1996. When he committed the offense, he was required to register for 10 years on the Indiana Sex Offender Registry. In 2011, he filed a motion to determine if he still had to register and to be removed from the registry.

He argued the 2006 change in the law that required he now register for life is an impermissible ex post facto law. The trial court denied his motion, finding he must continue to register as a sexually violent predator for life based on I.C. 11-8-8-19.

The Court of Appeals found Seales’ case to be very similar to Gonzalez v. State, 980 N.E.2d 312, 319 (Ind. 2013). But instead of finding the lifetime registration to be punitive, as it did in Gonzalez, the COA ruled that the lifetime registration was not an ex post facto law regarding Seales.

In Kenneth Seales v. State of Indiana, 71A03-1306-CR-218, the court considered seven factors to determine whether the effects of the Act, as applied to Seales, are so punitive in nature as to amount to a criminal penalty.

“The Gonzalez facts are similar in most respects to those in the case before us. However, because of one significant distinction, we cannot reach the same result,” Judge Melissa May wrote, pointing to the seventh factor: whether the statute appears excessive in relation to the alternative purpose assigned.

“Gonzales, unlike … Seales, was not a sexually violent predator. He never had a hearing to determine his status as a sexually violent predator, nor had he committed a qualifying offense. Rather, his lifetime registration requirement arose under a different statute due to the nature of his offense and the fact that, when committed, Gonzales was at least eighteen years old and the victim less than twelve years old,” May wrote. Because Gonzales was not a sexually violent predator, he “had no available channel through which he could petition the trial court for review of his future dangerousness or complete rehabilitation.”

“As Seales … has available to him avenues of relief related to his future dangerousness ‘in relation to the alternative purpose assigned, protection of the public,’ we find the seventh factor weighs in favor of treating the lifetime registration requirement as non-punitive, and we therefore cannot say it was error for the trial court to deny Seales’ petition to be removed from the sex offender registry,” May wrote.
 

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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