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COA: Let a sex offender stipulate

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A convicted sex offender accused of failing to register will get a new trial, the Indiana Court of Appeals ruled today.

The unanimous three-judge panel in Darrick T. McClain v. State of Indiana, No. 02A03-0808-CR-428, reversed and remanded McClain's jury trial conviction for failing to register as a sex offender, finding the Allen Superior Court abused its discretion.

Convicted of sexual battery in 1999, McClain was required to register with police and he did that in March 2007, listing his sister's Fort Wayne home as his new address. His sister later saw her address listed on the online sex offender registry and informed police that McClain wasn't living there; he was eventually charged.

At trial, he offered to stipulate to his sex offender status and to the fact that he'd listed his sister's home address on his registration form. But the state didn't agree, and entered into evidence over McClain's objection the registration form that also included details about his prior sex offense.

But turning to U.S. Supreme Court precedent in Old Chief v. United States, 519 U.S. 172, 190 (1997), the appellate panel found that the lower court should not have admitted the form into evidence because it was prejudicial. Not admitting it at trial would not have interfered with the state's ability to prove that McClain was a sex offender required to register - as he'd offered to stipulate.

"Here, we also find the reasoning in Old Chief applies and hold that McClain's offer to stipulate that he is a sex offender precludes admission of the registration form at trial," the court wrote. "The prejudicial impact of the details of his sexual battery conviction is clear, and that evidence has no probative value in relation to the instant offense."

Since several witnesses testified at trial that McClain was residing with his sister when he filled out the form, the court determined it couldn't prove beyond a reasonable doubt that the probable impact of the prejudicial evidence didn't affect the jury and McClain's rights.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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