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COA rules on re-registration of offenders

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Two sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.

In Michael Greer and John Maggi, on their own behalf and on behalf a class of those similarly situated v. Edwin Buss, et al., No. 49A02-0903-CV-243, the appellate court found the Marion Superior Court erred in granting summary judgment for Edwin Buss, Commissioner of the Indiana Department of Correction, and other defendants in Michael Greer and John Maggi's suit arguing that they didn't have to re-register as sex offenders for a second 10-year period.

The two filed for a proposed class action lawsuit seeking declaratory and injunctive relief with respect to the DOC's policy that individuals convicted of certain sex or violent offenses requiring a 10-year registration period must re-register for another 10 years if convicted for any criminal offense.

Greer was convicted of child molesting in 1991, registered as a sex offender in 1996, and was no longer required to register in February 2006 because the 10-year period expired. Several months later, he was convicted of a drunken driving charge and told by the DOC he had to re-register as a sex offender until November 2016. Because he had to re-register, he wasn't able find a place to live that wasn't within 1,000 feet of where children congregate.

Maggi was convicted of possessing child pornography in Illinois in 1998 and registered in Indiana in 2003 when he moved here. He pleaded guilty to a drunken driving offense in 2004 and was told in 2008, after his 10-year registration period had ended, that he had to re-register for another 10-year period because of the 2004 conviction.

The statute requiring registration for 10 years changed July 1, 2008, which added language about an offender having to re-register if they are convicted of a sex or violent crime after their original registration period ended.

It could be argued that prior to the addition of that language, the statute required registration upon a subsequent conviction for any offense or for an offense that itself required registration under the statute, wrote Judge Carr Darden. But using the rule of lenity, the appellate court concluded prior to the amendment, the statutory provision didn't specify that registration would be triggered for another 10-year period upon any future conviction.

"This leads to the logical conclusion that an offender was only required to register again after completion of the ten-year registration period upon conviction for an offense for which the statute requires registration," wrote Judge Darden.

In addition, to interpret the statute as the DOC does would violate the prohibition on ex post facto laws with regards to Greer and Maggi.

The Court of Appeals also disagreed with the trial court decision that declaratory judgment wasn't appropriate because Greer and Maggi could bring their challenges against the statute as a defense if they're prosecuted for failing to register. A plaintiff doesn't have to expose himself to actual arrest or prosecution to be entitled to challenge a statute that may deter him of his constitutional rights.

The appellate judges did affirm denial of the class action certification because the plaintiffs failed to show "representativeness" and Greer and Maggi have factual and legal issues that separate them from others.

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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