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COA upholds violent offender registration

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The Indiana Court of Appeals affirmed that the state's sex and violent offender registry doesn't violate the Indiana Constitution by requiring violent offenders to register for a 10-year period or for life. The appellate court also overturned a Marion Superior Court judge's grant of a preliminary injunction barring lifetime registration by certain violent offenders, finding the injunction should only apply to a specific subclass of offenders.

In James Gibson, Mark Lamar, and John Doe, and others similarly situated v. Indiana Department of Correction, et al., No. 49A04-0803-CV-165, Gibson and other plaintiffs challenged the amendments to Indiana's statute creating a sex and violent offender registry, which required violent offenders to register for either 10 years or for a lifetime depending on the crime and other circumstances. The plaintiffs are all violent offenders and believe the recently amended statute, Indiana Code Section 36-2-13-5.5, violates Article I, Sections 12 and 23 of the state's constitution.

The plaintiffs argue the registry violates the Privileges and Immunities clause in Section 23 because it requires registration by people convicted of only certain crimes that caused death. The Court of Appeals agreed with the trial court that the registry is for people who "have demonstrated intentional violent deadly behavior towards another person."

Those who commit lesser crimes that happen to result in death haven't demonstrated the intentional violent deadly behavior toward another person that would require compliance with the registry, wrote Judge Terry Crone. There are sufficient inherent differences between murder, felony murder, voluntary manslaughter, and attempts to commit those crimes as compared to other offenses resulting in death that allow the General Assembly to specify different treatment, the judge continued.

The appellate court also affirmed the registry doesn't violate Section 12 because there is some recidivism among violent offenders, which means community notification about violent offenders provides an opportunity for enhancing public safety. Requiring violent offenders to register for at least some period of time meets the low threshold of rational relation, wrote Judge Crone.

The plaintiffs failed to meet the requirements for a preliminary injunction on registration, except for a small subset who have been more than 10 years removed from the date of release from prison, placed on parole or probation, put in community corrections, and aren't violent sexual predators. The Court of Appeals reversed the grant of a preliminary injunction against lifetime registration for all violent offenders and remanded with instructions to clarify the preliminary injunction consistent with the opinion. A violent offender is required to comply with the registry for 10 years unless he or she also falls within a subsection of the statute requiring lifetime registration, wrote Judge Crone.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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