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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. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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