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COA orders man removed from Ind. sex offender registry

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Nearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana’s sex-offender registry.

Andrews pleaded guilty in Massachusetts to rape and abuse of a child and completed his sentence in 1989. He moved to Indiana in 1993 and has not been arrested for any sex offense while living here, but is classified as a sexually violent predator who must register for life according to Indiana’s Sex Offender Registration Act.

Andrews argued that because he committed his crimes in another state before registration requirements took hold there or in Indiana, this state’s registration requirement violates the ex post facto clause of the Indiana Constitution.

The Court of Appeals agreed Wednesday in a 17-page opinion, Thomas H. Andrews v. State of Indiana, 29A02-1112-MI-1166, authored by Paul Mathias.

“Andrews, who on the record before us is an apparently rehabilitated and productive citizen of our state, was convicted of a sex offense almost thirty years ago, and well before Indiana enacted INSORA,” Mathias wrote. “Accordingly, pursuant to our supreme court’s opinion in Wallace, we must conclude that Andrews’s petition for removal of his name from Indiana’s sex offender registry should have been granted.”

The judges ordered Andrews’ petition be granted to allow for removal of his name and any other identifying information from the sex offender registry.

 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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