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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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