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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. 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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