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 The Indiana Court of Appeals upheld the trial court's decision in a Not for Publication ruling Dec. 28, 2007, also affirming that the juvenile court didn't abuse its discretion when denying a motion to set aside the adjudications.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. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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