Judges reverse, reinstate sex-offender conviction

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The Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate a vacated conviction for failing to notify law enforcement of his move within 72 hours.

Michael E. Johnson appealed his Class C felony conviction of failing to register as a sex offender, which was enhanced because of a prior conviction. As a sexually violent predator, he was required to register with law enforcement and have his picture taken every 90 days, and let officials know of changes in his address within 72 hours of moving.

In October 2008, Johnson reported in person to change his address; the next month he moved out of state without informing law enforcement. He was arrested several months later when he was visiting a friend in Indianapolis. He was charged with and found guilty on three counts: failing to update registration every 90 days; failing to update his address within 72 hours; and failing to reside at the address he registered. The trial court only entered a judgment of conviction on the first count.

In Michael E. Johnson v. State of Indiana, No. 49A02-0909-CR-908, the appellate court ruled the evidence doesn’t support Johnson’s conviction of failing to update his registration every 90 days. Based on Indiana Code, Johnson was only required to register 90 days after October 2008 if he was living in, working in, or going to school in Indiana, which the state didn’t prove.

But the appellate court reinstated Johnson’s conviction based on Count II because he didn’t notify officials of his change of address within 72 hours. Even though Indiana Code Section 11-8-8-11 doesn’t expressly say that a sex offender has to let law enforcement know of a change in address when he moves out of state, subsection (e) requires local law enforcement to notify the state police in the new state of the sex offender’s new place of residence.

“The only way to read the statute as a whole and avoid an absurd result is to read it to require that the sex offender notify the local law enforcement authority having jurisdiction over the sex offender at his current principal address of his move out of state and his new address,” wrote Judge Edward Najam. “Only then can the local law enforcement authority comply with subsection (e) and notify the state police in the new state.”

The appellate court remanded for the conviction on Count II to be reinstated and for Johnson to be sentenced accordingly with any credit given for time served on the vacated conviction based on Count I.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.