COA reverses predator's lifetime registration

Jennifer Nelson
January 1, 2007
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The Court of Appeals upheld a defendant's convictions and sentence for multiple sexual offenses but reversed the trial court's determination he is a sexually violent predator requiring lifetime registration, citing the statute that was in place during the time the crime happened should dictate the defendant's predator status.

In Anthony Thompson v. State of Indiana, 03A01-0610-CR-430, Thompson appealed his convictions and sentence of 63 years for sexual offenses against the victim, as well as his status as a lifetime sexually violent predator.

Thompson argued prosecutorial misconduct happened during his trial when the prosecutor told the court information beyond what the pre-sentence report stated. The prosecutor said Thompson attempted to set his own family's home on fire, but the attempted arson actually happened to the three cars parked in the driveway. When discussing Thompson's 2002 arson charge, the prosecutor said he set fire to the home in which he was living. Thompson claimed there was nothing showing that incident was anything more than negligence.

These statements by the prosecutor happened during arguments and were not presented as evidence, so they could not influence the jury, wrote Senior Judge Patrick Sullivan in the opinion. The court concluded there is no basis for reversal of Thompson's sentence based on the prosecutor's comments.

The court also found his sentences to be appropriate given the nature of the offense and Thompson's character. He bound, abducted, and sexually assaulted the 15-year-old sister of his girlfriend and threatened to kill her if she told anyone.

The appeals court did reverse the trial court's determination that Thompson is a sexually violent predator who is required to be registered for life. Thompson committed the crimes in February 2005 but was not sentenced until September 2006. The Indiana General Assembly amended the statute effective July 1, 2006, and the court concluded the new law requiring lifetime registration could not be applied to Thompson.

Thompson was appropriately determined to be a sexually violent predator under the previous statute, Indiana Code 5-2-12-13, which would require him to register for an indefinite period and allow for a board of experts to determine if a person could no longer be considered a sexually violent predator. However, the trial court followed the new statute 11-8-8-19, requiring he register for life.

The court reversed the sexually violent predator determination requiring him to register for life because the requirement runs "afoul of ex post facto considerations," Senior Judge Sullivan wrote.

The court remanded with instructions to amend the registration requirement to be for an indefinite period subject to the right of Thompson to seek a determination in the future that he is no longer a sexually violent predator.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.