ILNews

Justices ready for sex-offender registry issue

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court will consider two cases this week asking whether convicted sex offenders can be required to register for life on a statewide database.

The state's highest appeals court will hear a combined argument Thursday in Todd L. Jensen v. State, No. 02A04-0706-CR-351, and Richard P. Wallace v. State, No. 49A02-0706-CR-498. Arguments are set to begin at 9:45 a.m. and can be viewed online through a webcast.

Now, Jensen v. State and Wallace v. State have a combined case number of 02S04-0803-CR-137.

The Jensen case comes from Allen Superior Court, where in 2000 Todd L. Jensen pleaded guilty to various child-related crimes and was required to register as a sex offender for 10 years. But in 2006 - two years after Jensen had been released from probation - Superior Judge Frances Gull determined he should be classified as a sexually violent predator and must register for life on the statewide registry. The Court of Appeals reversed in a December 2007 decision, finding that it violated ex post facto considerations and determining that Jensen should abide by the 10-year registration requirement.

Similar arguments are being raised in Wallace, which hails from Marion County. Richard P. Wallace pleaded guilty in 1989 to an offense against a child, served his sentence, and learned that he would have to register for life as a sex offender.

The Court of Appeals rejected Wallace's arguments and affirmed his conviction in a January ruling, finding that the requirement that he register for life didn't violate the prohibition against ex post facto laws.

This is the third time the justices are considering sex-offender related cases in the past two weeks. Justices heard arguments April 30 in J.C.C. v. State, No. 49A02-0403-JV-266, that asked whether juveniles - a 14-year-old boy in this case - can be placed on the state's sex offender registry for forcing younger boys into various sexual acts.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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