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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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