ILNews

COA reverses predator's lifetime registration

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT