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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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