ILNews

Court of Appeals finds 2006 statute does apply to 2001 violation

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The Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision to convict him of committing a sex offender residency offense.  

Anthony Mark Sewell was convicted of child molesting as a Class B felony in 2001. After his release in 2007, he was required to register his address with law enforcement. When he moved to a new address in 2011, he was in violation of the state statute that prohibits sex offenders from living within 1,000 feet of a church that has a school, day-care or youth program center.

After the state charged him with one count of residing within 1,000 feet of a youth program center, the trial court found Sewell guilty and sentenced him to 1 ½  years in the Department of Correction with six months suspended to probation.

In his appeal, Sewell argued that applying the statute to him violated the ex post facto prohibition in state and federal constitution. This forbids Congress and the states from imposing a punishment for an act that was not punishable at the time it was committed.

He stated his conviction for child molesting was entered in 2001 for acts that took place in 2000. The application of the statute did not take effect until 2006.

Sewell relied heavily on the Indiana Supreme Court’s opinion in State v. Pollard, 908 N.E.2d 1145 (Ind. 2009). He contended that the decision in Pollard stands for the proposition that anyone convicted of an offense listed in Indiana Code 35-42-4-11 before July 1, 2006, is not subject to its provisions.

The COA found in Anthony Mark Sewell v. State, 73A01-1112-CR-609, that  Pollard did not apply because Sewell did not reside or own property within 1,000 feet of the church when he was convicted of child molesting. The court concluded that because Sewell’s residency decision occurred after the enactment of the statute, Sewell’s prosecution does not violate state or federal ex post facto provisions.

 

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  • ex post facto law
    The fact that Sewell was required to register at all is a violation of ex post facto law., since there was no registration requirement when he commited his offense. I think the COA needs to look back and see how often they contadict themselves and coming to two different conclusions on two different primarily similar case.
  • Constitution
    The courts are making a mockery of American's Constitutional Rights!

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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