ILNews

Justices accept sex-offender registry cases

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court is taking on three issues relating to sex-offender restrictions, from when juveniles can be placed on a statewide registry to whether someone can be placed on the list for life.

Justices granted transfer in the past week for three criminal cases relating specifically to sex offenders and when people convicted of those crimes must have their names put on the online-accessible public registry.

In J.C.C. v. State of Indiana, No. 49A02-0403-JV-266, the court is taking on a case that asks whether a Marion Superior magistrate erred in 2000 when ordering a 14-year-old boy who'd forced younger boys into various sexual acts to be placed on the state's sex-offender registry. Magistrate Christopher Piazza had determined enough evidence existed to prove that the juvenile would re-offend - a standard established in caselaw exploring differences in the adult criminal justice and juvenile delinquency systems. The Indiana Court of Appeals upheld the trial court's decision in a Not for Publication ruling Dec. 28, 2007, also affirming that the juvenile court didn't abuse its discretion when denying a motion to set aside the adjudications.

A second case, Richard P. Wallace v. State of Indiana, No. 49A02-0706-CR-498, involves an issue being argued in various state courts relating to other sex-offender restrictions. Wallace is appealing a January decision from the appellate court on his failure to register as a sex offender, which he argues is unconstitutional because it's an ex post facto law and the state had forfeited the prosecutorial right because of a plea agreement. Wallace pleaded guilty to child molesting in February 1989, and was ordered to a five-year suspended sentence with probation. Years later, Wallace argued his agreement hadn't stipulated he register as a sex offender because the state statute changes that would have required him to do so weren't passed until 2001. The appeals court panel dismissed his ex post facto claims and affirmed the decision by Marion Superior Judge Lisa Borges.

In Todd L. Jensen v. State of Indiana, No. 02A04-0706-CR-351, justices will consider whether Allen Superior Judge Frances Gull correctly ordered a man classified as a sexually violent predator to register on the statewide list for life. Jensen pleaded guilty in 2000 to child molesting and vicarious sexual gratification, was sentenced to prison, and formally released from probation in July 2004. He annually registered for the Indiana Sex Offender Registry, as he was required to do for 10 years, but was informed in September 2006 that he'd have to register for life as a sexually violent predator. The trial judge considered his registration status and determined he'd have to register, but the Court of Appeals in December 2007 reversed on grounds it violated the ex post facto considerations and ordered on remand Jensen abide by the 10-year registration requirement.

Judge Cale Bradford disagreed with the majority panel of Senior Judge Jonathan Robertson and Judge John Sharpnack, writing a dissent that noted he didn't believe any violation existed and he would have affirmed the trial court decision.

He wrote, "Given the public interest in certain informational filings, it is my opinion that requiring a sexually violent predator to maintain his current address in the registry, even for a lifetime, does not rise to the level of being so punitive as to overcome its non-punitive legislative intent, that is, to monitor the whereabouts of a violent sexual predator, the necessity of which does not diminish over time."
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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