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Judge believes court could remove man from sex offender list

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Indiana Court of Appeals Chief Judge Margret Robb dissented from her colleagues in a case involving a man who wanted his name taken off the Indiana Sex Offender Registry.

Jeremiah Cline had sex with a 15-year-old and 14-year-old in February and June 2001. An amendment to the Indiana Sex Offender Act effective July 1, 2001, required someone with Cline’s Class C felony sexual misconduct with a minor convictions to register as a sex offender.

When he was released from prison, he was required to register. In 2011, he sought to have his name removed from the registry. The trial court found he had no obligation to continue to register but that it lacked authority to “expunge” his existing information from the registry.

Judges L. Mark Bailey and Paul Mathias agreed, pointing out that Cline argues for complete expungement of his name and information from the registry because retention of that information has a punitive effect upon him. The majority declined to read Wallace v. State, 905 N.E.2d 371, 384 (Ind. 2009), as broadly as Cline wants and won’t add a provision to include expungement, Bailey wrote.

Although Indiana Code 11-8-8-22, the statute created as a result of Wallace to provide for how to remove one’s name from the registry, provides a mechanism to petition the court for relief from obligation of continued registration and disclosure, the majority believed that Cline must go through administrative routes with the Department of Correction to remove his name.

Robb wrote that the majority misused the term “expungement” and that Cline wanted removal of his name, not a complete erasure of his record. She believed that I.C. 11-8-8-22, which “is poorly written and confusing,” allows the trial court to remove one’s name from the registry. If the statute does not mean that a court may remove an offender’s name and information, then it has no meaning at all, she wrote.


 

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  • Constitution
    I think all judges need to read, study and try to understand our U.S. condtitution and state constitution, especially article 1 section 19 of the Indiana Constitution, which states that in all criminal cases whatever, the jury, shall have the right to determine the law and the facts. In the abscence of a jury, the judge is the jury.

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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