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COA decides sex offender registration plea case

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The Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him to follow lesser registration requirements.

Unanimously deciding Oscar Blakemore v. State of Indiana, No. 49A02-0907-CR-614, the appellate panel reversed a ruling from Marion Superior Commissioner Marie Kern that found Oscar Blakemore guilty of Class D felony failure to register as a sex offender.

Blakemore pleaded guilty in 1999 to felony sexual misconduct with a minor, and that document said he would "comply with the statutory requirements of registering with local law enforcement as a sex offender." He was released from probation in early 2000 - before state law was changed to include his offense on the registration list ­- but returned to prison for probation violations twice more through the years. He was finally released without any remaining probation requirements in February 2005, and he registered at least five times after that. In April 2008, police arrested him for failure to register as a sex offender.

Arguing that his newest conviction is unconstitutional, the Court of Appeals agreed when applying last year's Supreme Court decision in Wallace v. State, 905 N.E.2d 371, 377 (Ind. 2009). In that case, justices decided that Wallace's conviction for failure to register as a sex offender violated the state constitutional prohibition against ex post facto laws because no registration requirement was in place at the time of his conviction. For Wallace, a plea agreement wasn't at issue as it is in Blakemore.

While the Indiana Attorney General's Office didn't explicitly argue that the registration requirement could be imposed on Blakemore without violating the ex post facto law, it did assert that the Wallace analysis "may be ignored" because Blakemore had agreed to follow statutory registration guidelines - even though the requirement being imposed on him for his 2008 arrest wasn't in place at the time of his plea agreement.

Applying contract law analysis and reviewing precedent, the appellate court ruled in Blakemore's favor. Judge Melissa May authored the opinion, with Judges Carr Darden and James Kirsch concurring.

"We therefore decline the State's invitation to ignore the Wallace analysis," Judge May wrote. "We decline to hold Blakemore 'agreed' to requirements the (Indiana) Code did not impose when he entered into that requirement."

In a later part of the ruling, Judge May addressed the state's assertion that Blakemore waived his ex post facto argument by not raising any constitutional concerns at the time of his guilty plea.

"As explained above, the 'constitutional concern' now before us did not exist when Blakemore entered into his plea agreement," she wrote. "Rather, his plea agreement contained a clause that by its very language did not apply to Blakemore, and neither he nor his counsel could be expected to predict what amendments our legislature might make to the sex offender registration act."

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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