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 The Indiana Court of Appeals upheld the trial court's decision in a Not for Publication ruling Dec. 28, 2007, also affirming that the juvenile court didn't abuse its discretion when denying a motion to set aside the adjudications.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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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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