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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. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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