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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. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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