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COA affirms sex offender’s removal from registry

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A man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals affirmed Monday.

The court applied the Indiana Supreme Court’s 2009 Wallace v. State opinion in upholding a Porter Superior judge’s ruling in State of Indiana v. Terry J. Hough, 64A05-1203-MI-113. The trial court held that because Terry Hough’s conviction predated the establishment of the registries in Pennsylvania and Indiana, requiring him to register would be a violation of ex post facto laws.

Hough was ordered to serve two to five years in prison, and during his incarceration in 1996, Pennsylvania established its registry. On his release, he was told that he didn’t have to register in that state because he was moving to Indiana. He was told he would have to register in Indiana, which he did.

The state argued that Hough should be required to register because under the current sex offender statute he would be required to register for life as an offender. But the court noted a similar recent case, Burton v. State, 45A03-1201-CR-6 (Nov. 8, 2012 Ind. Ct. App. 2012), was decided on similar ex post facto grounds.

“As a resident of Indiana since 1998, Hough is entitled to the protections afforded to him by the Indiana Constitution. Therefore, even though he would be required to register as a sex offender under Pennsylvania’s laws, Indiana’s law controls,” Judge Paul Mathias wrote for the court. “Because he was convicted of a sex offense before Indiana enacted (the registry), requiring Hough to register as a sex offender would violate Indiana’s constitutional prohibition against ex post facto laws.”

Left unsettled, though, is an offender’s obligation to register under the federal Sex Offender Registration and Notification Act, which the state has argued applies to offenders regardless of the date of their crime. The same argument was posited in Andrews v. State, 29A02-1112-MI-1166 (Nov. 21, 2012 Ind. Ct. App. 2012).

The court in Hough’s case cited the COA’s opinion in Andrews: “While Andrews may have a federal duty to register under USSORNA if he engages in interstate travel, and could be subject to prosecution in federal district court under 18 U.S.C. § 2250, if he fails to do so, this is not the issue before us.”

 

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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