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Judges find ex post facto claim waived

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The man who raised a constitutional challenge to the propriety of his conviction of failing to register as a sex offender waived his ex post facto claim when he entered into a plea agreement, the Indiana Court of Appeals held Wednesday.

In James E. Rogers v. State of Indiana, No. 84A01-1104-CR-148, James Rogers appealed his conviction of and sentence for Class D felony failure to register as a sex offender, and his sentences for Class D felony theft and receiving stolen property. Rogers was convicted of an offense in Wisconsin in 1991 that required him to register as a sex offender there. When he relocated to Indiana in the mid-1990s, he registered as a sex offender. The last time he updated his address with the sheriff’s office was Nov. 4, 2009.

After he was arrested for theft and later released from jail, the sheriff’s department discovered he did not register within the seven-day time period as required under statute. He entered into a plea agreement for the failure to register, theft and receiving stolen property charges in exchange for the dismissal of four other causes. He was sentenced to three years on each count, with the sentences running consecutively.

On appeal, Rogers argued that his failing to register conviction is an improper ex post facto application of sex offender registration requirements in violation of the Indiana Constitution. The appellate court declined to find that an ex post facto constitutional claim is an exception to the general rule that a defendant may not challenge a conviction pursuant to a guilty plea on direct appeal. Rogers entered into his plea agreement with the state and benefited from the agreement. The record is sparse on the circumstances of when he moved to Indiana and why he registered in Indiana at all, but the judges found his circumstances fall into the broader general rule that a person waives potential claims with respect to the propriety of his conviction on direct appeal when he pleads guilty pursuant to a plea agreement.

The COA also concluded that Rogers’ sentence was appropriate, finding the nature of the offenses does not justify a reduced sentence and that the court did not abuse its discretion in deciding that the crimes and Rogers’ remorse weren’t mitigating factors.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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