ILNews

Judges disagree on registration by homeless

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Indiana Court of Appeals judges disagreed today in an opinion in which the majority ruled that a man who claimed he was temporarily homeless should be charged with violating the Indiana statute that requires registered sex offenders to provide their new address to authorities within seven days of a move. One judge dissented, saying their ruling would make homelessness a crime.

Judges L. Mark Bailey and Ezra Friedlander affirmed Daniel J. Milliner's conviction for failing to register as a sex offender and the order revoking his probation and reinstatement of his previously suspended sentence.

In Daniel J. Milliner v. State of Indiana, No. 31A01-0710-CR-470, Milliner argued that after he and his wife separated in late July 2005, he was temporarily homeless and was living with different friends and relatives for a couple of days at a time before he moved in with his girlfriend in fall 2005. Because he considered himself homeless, Milliner said he believed he wasn't required to register every time he moved.

However, the majority didn't agree that he was homeless but that he temporarily made his home with others. Milliner said he never lived with someone for more than seven days, so he didn't have to register each address. The seven-day grace period allows for a registrant to avoid prosecution by reporting a change of address, whether permanent or temporary, wrote Judge Bailey, not that one only has to register if they live in one place for more than seven days.

"The record shows that Milliner moved from one residence and to another, even if the new residence was temporary, 'thereby changing his home address,' and that he failed to re-register as a sex offender within seven days of the move," the judge wrote.

In a short dissent, Judge James Kirsch disagreed with his colleagues in the interpretation of the statute requiring registration. According to the judge, the majority make homelessness a crime for anyone who is required to register as a sex offender.

Judge Kirsch wrote that their interpretation is that the statute requires a homeless person to register every place that he or she sleeps within seven days, even if that is a homeless shelter or park bench. That is not what the General Assembly intended when it enacted the registry statute, wrote the judge.

"A homeless individual who moves about, staying at emergency homeless shelters when space is available and on the streets when it is not, would be required to register retroactively every single day the location where he slept six days earlier even though doing so would not provide any meaningful information to anyone or protect the public in any way," he wrote.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT