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. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon