ILNews

Judges disagree on registration by homeless

Jennifer Nelson
January 1, 2008
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Indiana Court of Appeals judges disagreed today in an opinion in which the majority ruled that a man who claimed he was temporarily homeless should be charged with violating the Indiana statute that requires registered sex offenders to provide their new address to authorities within seven days of a move. One judge dissented, saying their ruling would make homelessness a crime.

Judges L. Mark Bailey and Ezra Friedlander affirmed Daniel J. Milliner's conviction for failing to register as a sex offender and the order revoking his probation and reinstatement of his previously suspended sentence.

In Daniel J. Milliner v. State of Indiana, No. 31A01-0710-CR-470, Milliner argued that after he and his wife separated in late July 2005, he was temporarily homeless and was living with different friends and relatives for a couple of days at a time before he moved in with his girlfriend in fall 2005. Because he considered himself homeless, Milliner said he believed he wasn't required to register every time he moved.

However, the majority didn't agree that he was homeless but that he temporarily made his home with others. Milliner said he never lived with someone for more than seven days, so he didn't have to register each address. The seven-day grace period allows for a registrant to avoid prosecution by reporting a change of address, whether permanent or temporary, wrote Judge Bailey, not that one only has to register if they live in one place for more than seven days.

"The record shows that Milliner moved from one residence and to another, even if the new residence was temporary, 'thereby changing his home address,' and that he failed to re-register as a sex offender within seven days of the move," the judge wrote.

In a short dissent, Judge James Kirsch disagreed with his colleagues in the interpretation of the statute requiring registration. According to the judge, the majority make homelessness a crime for anyone who is required to register as a sex offender.

Judge Kirsch wrote that their interpretation is that the statute requires a homeless person to register every place that he or she sleeps within seven days, even if that is a homeless shelter or park bench. That is not what the General Assembly intended when it enacted the registry statute, wrote the judge.

"A homeless individual who moves about, staying at emergency homeless shelters when space is available and on the streets when it is not, would be required to register retroactively every single day the location where he slept six days earlier even though doing so would not provide any meaningful information to anyone or protect the public in any way," he wrote.
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  1. 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?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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