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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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