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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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...