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Appeals court looks at revised law on sex-offense status

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The Indiana Court of Appeals remanded a case today with instructions to re-examine a case about a man’s disputed classification as a sexually violent predator.

Issuing a five-page opinion in Stuart A. Clampitt v. State of Indiana, No. 54A01-1002-CR-64, the appellate panel remanded the case to Montgomery Circuit Judge Thomas Milligan and reversed his decision about Clampitt’s motion to remove the SVP status.

Clampitt was convicted of felony sexual misconduct charges in Hendricks and Marion counties in 1996 for a relationship with a 15-year-old girl. Though he’s still incarcerated on these offenses, Clampitt learned that he’s listed as a “sex predator” on the state’s online sex offender registry and sought to have his name removed.

The Court of Appeals issued a decision in May that affirmed Marion Superior Judge Grant Hawkins’ decision denying Clampitt’s motion to remove his SVP status, but he couldn’t reach a decision about whether the record showed he should have had that classification. The appellate panel instructed Clampitt to file a petition in Montgomery County, and he did late last year in compliance with Indiana Code 11-8-8-22 that lawmakers had amended.

But in holding a hearing on the matter, Judge Milligan determined he didn’t have the authority to remove that status because he hadn’t heard the original criminal case.

Today, the appellate court sent the case back with instructions.

“The procedures set forth in the amended statute allow the trial court, and this court on appeal, to be fully informed of a sex offender’s circumstances, including the offender’s full criminal history, dates of offenses, and reason for being required to register,” Judge Patricia Riley wrote. "Further, § I.C. 11-8-8-22(e) allows the trial court to provide notice of the proceeds to all interested parties and then set a hearing. For these reasons, we direct the trial court in the county where he filed his amended petition to consider the petition in light of § I.C. 11-8-8-22(e).”
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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