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Man’s challenge to requirement he register as sex offender dismissed

February 20, 2013

The Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t have to register as a sex offender for a 1982 rape conviction in California.

Ralph Pipkin, who has lived in Indiana since 1986, was charged with Class D felony failure to register for not registering as a sex offender between Oct. 17, 2008, and April 21, 2009. He argued that the charge should be dismissed because the registration requirement under the Indiana Sex Offender Registration and Notification Act is an ex post facto punishment under the Indiana Constitution as applied to him. The trial court denied his first and second motions to dismiss.

“Here, Pipkin sought interlocutory review in April 2012 of the September 2011 order denying his first motion to dismiss. While the trial court certified that order for interlocutory appeal, the trial court did not enter any findings under Rule 14(B)(1)(a) that there was good cause shown for belated certification of an appeal from the denial of the first motion to dismiss,” Judge L. Mark Bailey wrote in Ralph Pipkin v. State of Indiana, 49A02-1206-CR-447. “Further, our review of the record reveals no evidence that would establish good cause for a belated appeal from the order denying the first motion to dismiss.”

His appeal was not properly perfected, so the Court of Appeals dismissed it for lack of jurisdiction.

 

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