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Court: juveniles can be placed on sex offender registry

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The Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from ordering juveniles to register as sex offenders.

In a five-page decision today in C.E.K., II, v. State of Indiana, No. 28A05-1002-JV-100, a three-judge panel affirmed a decision by Greene Circuit Judge Erik C. Allen in a juvenile sex offender case. The juvenile known as C.E.K. was 14 years old when he committed two child molesting acts that would have been Class B and C felonies if committed by an adult. The judge found him to be delinquent and put him on supervised probation until the age of 18, and the state later asked that C.E.K. be placed on the state’s sex offender registry. Judge Allen found him to be “a high risk to re-offend” and ordered that registration, but C.E.K. appealed.

On appeal, C.E.K. argued that the Indiana Supreme Court decision last year in Wallace v. State, 905 N.E. 2d 371 (Ind. 2009), applied to him as a juvenile and didn’t allow for his placement on the sex offender registry. In Wallace, the justices held the registration statute as applied to that defendant was unconstitutional because it constituted retroactive punishment forbidden by the Ex Post Facto Clause of the Indiana Constitution. C.E.K. seized that analysis and argued the juvenile court lacked the subject matter jurisdiction to apply it.

Not the case, according to the intermediate appellate court.

“C.E.K reads too much into Wallace,” Judge Edward Najam wrote for the panel. “The court did not hold that the Act is facially unconstitutional, and C.E.K. does not (and cannot) raise an ex post facto challenge to the juvenile court’s order that he comply with the Act. Further, in a companion case to Wallace, the court held that the Act was ‘non-punitive when applied to’ another defendant. Thus, while the Supreme Court recognized that the Act had punitive elements that forbade its retroactive application under Indiana’s Ex Post Facto Clause, the court did not hold that the Act is a wholly punitive measure that would violate the juvenile court’s rehabilitative policies.”

With that, the appellate court relied on its decade-old holding in K.J.P. v. State, 724 N.E.2d 612, 615 (Ind. Ct. App. 2000), which had rejected another juvenile’s claim that requiring juveniles to register as sex offenders conflicted with the rehabilitative purposes of the state’s juvenile code.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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