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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. 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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