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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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