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COA affirms sexually violent predator findings

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The Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used by the trial courts in each case.

In Johanna P. Williams v. State, No. 47A05-0802-CR-101 and Ronald Lynn Scott Jr. v. State, No. 82A04-0802-CR-85, Johanna Williams and Ronald Lynn Scott Jr. challenged the findings that they were sexually violent predators. The Court of Appeals mentioned its decisions in both cases in the two opinions.

Williams pleaded guilty to child molesting as a Class C felony and sexual misconduct with a minor as a Class C felony following two incidents involving her niece and a foster child in her sister's care. Scott pleaded guilty to three counts of Class B felony sexual misconduct with a minor following an incident with his niece.

Williams challenged her enhanced sentence under Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), arguing she is entitled to the former presumptive sentencing scheme since she committed her crimes in March 2005. The Court of Appeals found the facts underlying the aggravator - that Williams was in a position of trust with her victims - wasn't established by the state. The facts underlying the aggravator weren't found by a jury nor admitted by Williams or her attorney, wrote Judge Patricia Riley. The appellate court remanded to allow the state to establish a position of trust aggravator consistent with Blakely. If the state elects not to do so, the trial court is to re-sentence Williams without any aggravators, wrote the judge.

The three-judge panel affirmed the findings Williams and Scott were sexually violent predators, ruling there was sufficient evidence to support the determination. The trial court in Williams’ case operated under the terms of the amended 2006/2007 statutes in effect at the time of her sexually violent predator and sentencing hearing, where in Scott’s case, the trial court used the 2004 statutes, wrote Judge Riley.

In both cases, Williams and Scott met the criteria to be considered sexual violent predators. Several pieces of evidence support the SVP finding against Williams, including her lack of remorse, a doctor’s diagnosis of Williams with pedophilia, alcohol abuse, personality disorder, and a brain injury, and the doctor’s testimony Williams is a sexually violent predator, wrote the judge.

As in Williams, the two doctors who evaluated Scott didn’t agree he was a sexually violent predator; however, with the one doctor’s report Scott is likely to offend again, Scott’s previous conviction for attempted child molesting, and his lack of remorse, there is enough evidence to support the SVP finding, wrote Judge Riley.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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