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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.