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Judges to hear sex-offender registration appeal in Franklin

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A panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal of a man who’s charged with not registering as a sex offender.

Harold York argues the trial court erred in denying his motion to dismiss the Class D felony failure to register charge. He claims the Sex Offender Registration Act, as applied to him, violates the prohibition against ex post facto laws because the effects of the law are more punitive than regulatory. The state argues that Jensen v. State, 905 N.E.2d 384, 394 (Ind. 2009), should control, which held the statutory change in the registration requirement from 10 years to life wasn’t considered retroactively punitive.

Arguments in Harold York v. State of Indiana, No. 27A02-1008-CR-956, begin at 10 a.m. at Franklin College’s Richardson Chapel.

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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