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Court rules on sex offender status decisions

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Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,” the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry and how convicts’ names are removed.

The state Department of Correction is not authorized to determine whether an offender is a sexually violent predator according to state law, Judge James Kirsch wrote for a unanimous appellate panel in Edwin G. Buss, in his official capacity as Commissioner of the Indiana Department of Correction v. Michael L. Harris, No. 52A02-0911-CV-1088.

Arising out of Miami Circuit Court, the case involves a former inmate at the Miami Correctional Facility who pleaded guilty to felony child molesting in 1999 and was ultimately released on parole in 2002 and 2005, after being reincarcerated for parole violations. Harris learned in 2007 that, because of state statute revisions, he’d be designated as a sexually violent predator and would have to register for life. Harris refused to sign the forms for this twice, and sued on the issue in late 2007.

The case has been ongoing since then, with a bench trial in August 2009 where the trial court granted Harris’s requests for declaratory and injunctive relief and found that he should not be listed on the sex offender registry as a sexually violent predator. That court relied on the Indiana Supreme Court’s decisions last year in Wallace v. State, 905 N.E. 2d 371, 374-77 (Ind. 2009), and Jensen v. State, 905 N.E. 2d 384 (Ind. 2009).

Specifically, the DOC argues that Jensen applies to the instant case and that classifying him in that way doesn’t violate the man’s rights.

“We are left with the question, once an offender’s sentencing hearing has concluded, who makes the determination that an offender’s status is now, pursuant to amendments to the statute, that of a sexually violent predator subject to lifetime registration requirements?” the court asked. “If we were to adopt the State’s construction of the statutory provisions, an offender could, in theory, have completed his sentence and reporting requirement, yet without notice to him be in violation of lifetime reporting requirements by operation of law due to subsequent amendments … Nothing before us indicates that the legislature intended such as result.”

The trial court didn’t err in its decision, and the appellate panel relied largely on the case of Jones v. State, 885 N.E. 2d 1286 (Ind. 2008), to support its conclusion.
 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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