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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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