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COA upholds molester’s sentence, registration requirement

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The trial court order that a Vigo County man convicted of child molesting must register as a sexually violent predator did not violate the ex post facto clause of the Indiana Constitution, the Court of Appeals ruled.

Bobby Harlan challenged his 10-year sentence imposed after he pleaded guilty to two counts of Class B felony child molesting for acts that occurred between 1986 and 1994. Harlan admitted to molesting a girl he and his wife babysat. According to court documents, the girl’s sister, A.C., was also molested, but he was not charged in connection to her.

A.C. wore a wire while talking to Harlan that recorded his admission to molesting L.G. twice.

He also challenged the requirement he register as a sexually violent predator.

Giving deference to Supreme Court precedent on this issue as determined in Lemmon v. Harris, 949 N.E.2d 803, 809 (Ind. 2011), and Jensen v. State, 905 N.E.2d 384 (Ind. 2009), the judges found the requirement he register is not an ex post facto violation.

They also found Wallace v. State, 905 N.E.2d 371, 374-75 (Ind. 2009), doesn’t apply because Harlan committed one of his crimes after the sex offender registration requirements took effect.

The appellate court upheld his sentence and found the trial court did not abuse its discretion in the course of identifying and weighing aggravating and mitigating factors.

 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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