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Justices take sex offender case

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The Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender for life.

The justices accepted Edwin G. Buss, et al. v. Michael L. Harris, No. 52S02-1011-CV-642. Michael Harris pleaded guilty to felony child molesting in 1999 and was re-incarcerated twice for parole violations. He learned in 2007 that he’d be designated as a sexually violent predator and would have to register for life after state statutes had been revised. He refused to sign the forms and sued in late 2007.

The trial court granted Harris’ requests for declaratory and injunctive relief, relying on Wallace v. State, 905 N.E.2d 371, 374-377 (Ind. 2009), and Jensen v. State, 905 N.E.2d 384 (Ind. 2009).

The Indiana Court of Appeals affirmed the trial court in May 2010, ruling the Indiana Department of Correction isn’t authorized to determine whether an offender is a sexually violent predator. They rejected the state’s construction of the statutory provisions, ruling the legislature didn’t intend that an offender could have completed his sentence and reporting requirement and, without notice, be found in violation of lifetime reporting requirements because of amendments to statute.

The appellate judges cited Jones v. State, 885 N.E.2d 1286 (Ind. 2008), to support their ruling.
 

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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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