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COA reverses predator's lifetime registration

Jennifer Nelson
January 1, 2007
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The Court of Appeals upheld a defendant's convictions and sentence for multiple sexual offenses but reversed the trial court's determination he is a sexually violent predator requiring lifetime registration, citing the statute that was in place during the time the crime happened should dictate the defendant's predator status.

In Anthony Thompson v. State of Indiana, 03A01-0610-CR-430, Thompson appealed his convictions and sentence of 63 years for sexual offenses against the victim, as well as his status as a lifetime sexually violent predator.

Thompson argued prosecutorial misconduct happened during his trial when the prosecutor told the court information beyond what the pre-sentence report stated. The prosecutor said Thompson attempted to set his own family's home on fire, but the attempted arson actually happened to the three cars parked in the driveway. When discussing Thompson's 2002 arson charge, the prosecutor said he set fire to the home in which he was living. Thompson claimed there was nothing showing that incident was anything more than negligence.

These statements by the prosecutor happened during arguments and were not presented as evidence, so they could not influence the jury, wrote Senior Judge Patrick Sullivan in the opinion. The court concluded there is no basis for reversal of Thompson's sentence based on the prosecutor's comments.

The court also found his sentences to be appropriate given the nature of the offense and Thompson's character. He bound, abducted, and sexually assaulted the 15-year-old sister of his girlfriend and threatened to kill her if she told anyone.

The appeals court did reverse the trial court's determination that Thompson is a sexually violent predator who is required to be registered for life. Thompson committed the crimes in February 2005 but was not sentenced until September 2006. The Indiana General Assembly amended the statute effective July 1, 2006, and the court concluded the new law requiring lifetime registration could not be applied to Thompson.

Thompson was appropriately determined to be a sexually violent predator under the previous statute, Indiana Code 5-2-12-13, which would require him to register for an indefinite period and allow for a board of experts to determine if a person could no longer be considered a sexually violent predator. However, the trial court followed the new statute 11-8-8-19, requiring he register for life.

The court reversed the sexually violent predator determination requiring him to register for life because the requirement runs "afoul of ex post facto considerations," Senior Judge Sullivan wrote.

The court remanded with instructions to amend the registration requirement to be for an indefinite period subject to the right of Thompson to seek a determination in the future that he is no longer a sexually violent predator.
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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. 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!!!

  3. 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?

  4. 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?

  5. 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.

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