ILNews

Judge: safety in danger if offender doesn't move

Michael W. Hoskins
January 1, 2007
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A Tippecanoe County judge has denied the request of a convicted sex offender wanting to stay in his Lafayette home as the court considers his lawsuit to no longer be deemed a danger to children.

Superior Judge Don Johnson issued a two-page order this week denying a request by John Doe, a 56-year-old man being ordered to move so that he's not within 1,000 feet of children-saturated areas, such as a school or church.

An Indiana law that took effect July 1, 2006, prohibits convicted child crime offenders from living within 1,000 feet of a school, youth program center, or public park. Doe complied but decided to take advantage of new legislation that began this July allowing such offenders to petition a court to examine whether he or she still poses a danger to children and should be forced to move.

The court has ordered two independent psychiatrists to evaluate whether Doe should still be considered an offender against children and a danger to society.

"The statute is designed to provide a safeguard for minors by requiring convicted sex offenders not to reside within 1,000 feet of designated areas where children are likely to reside," he wrote. "The public interest will be disserved should the preliminary injunction be granted."

Now, Doe's attorneys have 30 days to file an interlocutory appeal with the Indiana Court of Appeals on whether Judge Johnson erred in not granting the preliminary injunction request. Attorneys could also file a permanent injunction petition to challenge to overall law.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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