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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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