ILNews

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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