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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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