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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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