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Judges to hear sex-offender registration appeal in Franklin

April 13, 2011

A panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal of a man who’s charged with not registering as a sex offender.

Harold York argues the trial court erred in denying his motion to dismiss the Class D felony failure to register charge. He claims the Sex Offender Registration Act, as applied to him, violates the prohibition against ex post facto laws because the effects of the law are more punitive than regulatory. The state argues that Jensen v. State, 905 N.E.2d 384, 394 (Ind. 2009), should control, which held the statutory change in the registration requirement from 10 years to life wasn’t considered retroactively punitive.

Arguments in Harold York v. State of Indiana, No. 27A02-1008-CR-956, begin at 10 a.m. at Franklin College’s Richardson Chapel.

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