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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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