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COA to hear challenge to sex offender monitoring program

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An Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional will be heard Tuesday by a panel of the Indiana Court of Appeals.

David Bleeke was convicted of Class B felony attempted criminal deviate conduct and Class D felony residential entry and served three-and-a-half years in prison before his release to parole from the Department of Correction in 2008.

Bleeke argues that the management and monitoring program is unconstitutional and its promulgation did not comport with I.C. 11-13-3-4(b). Bleeke also argues that conditions of parole under the program were made without an individualized determination related to Bleeke’s reintegration into the community and that parole conditions under the program are unconstitutionally vague and overbroad.

An Allen Superior court granted summary judgment to the state in David Bleeke v. State of Indiana, 02A05-1201-PL-25, prior to this appeal.

Oral arguments are scheduled at 11 a.m. Tuesday in Room 413 of the Indiana Statehouse. Hearing the case will be judges Elaine Brown and Ezra Friedlander and Senior Judge Carr Darden.


 

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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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