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COA: Sex offender registration statute not unconstitutional

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The Indiana Court of Appeals held that a man who was convicted of violating requirements of the Indiana sex offender registry statute failed to show evidence of ex post facto law.

In 2011, a trial court found David Healey guilty of thee counts of Class C felony failure to register as a sex offender and sentenced him to the maximum eight years for each offense. He was found guilty of a fourth charge of using a social media website that allowed people under age 18 to register, receiving an additional year’s sentence for that offense, with all sentences to be served concurrently for a total executed sentence of eight years.

In David S. Healey v. State of Indiana, No. 02A04-1110-CR-537, Healey argued that because he originally pleaded guilty to Class C felony child molesting on July 7, 1995, based on an offense that occurred in 1994, the amendment to Indiana’s Sex Offender Registration Act in 1995 does not apply to him. The amendment requires sex offenders to register on the SORA for 10 years after the date the offender was released from prison, placed on parole or placed on probation, whichever occurred last.

The COA held that the 10-year requirement is not intended to be punitive and that Healey failed to prove that the regulatory scheme that changed with the 1995 amendment is punitive.

In arguing that his sentence was inappropriate, Healey said the court failed to consider as mitigators his character, his ability to benefit from a shorter sentence and his substance abuse problems. But the COA held that Healey’s long criminal record – including committing additional offenses almost immediately after being released from incarceration – does not show that short terms of imprisonment have reduced his tendency to commit crimes. It also held that no evidence suggests Healey committed the SORA offenses because he was under the influence of drugs or alcohol.

The COA also disagreed with Healey’s claim that he had accepted responsibility for his actions. “In the present case, Healey did not plead guilty to violating SORA, but merely admitted that he committed acts that would be in violation of SORA if he were subject to its registration requirement. In fact, he argued – and argues still – that he should not be subject to its provisions and thus should suffer no consequences,” Judge Ezra Friedlander wrote in the opinion.

The appellate panel affirmed the trial court, but remanded for correction of technical error found in the record.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. 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?

  5. 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.

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