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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. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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