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Justices find man not required to register for life as sex offender

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The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.

Gonzalez pleaded guilty in 1997 to Class D felony child solicitation and was discharged from probation in 1999. While still required to register for 10 years based on the law in effect at the time of his discharge, the Legislature amended the Sex Offender Registration Act to require certain offenses to register for life, including child solicitation. Gonzalez petitioned to remove his sex offender designation, which the trial court denied. The Court of Appeals reversed and the Supreme Court agreed that Gonzalez should not be required to register for life.

The justices applied the seven Mendoza-Martinez factors to determine whether the retroactive imposition of the lifetime registration period violates the Ex Post Facto Clause as applied to him. Weighing the punitive and non-punitive nature of the seven factors to Gonzalez’s case – finding four of the factors to be punitive – the justices held that applying the 2006 amendment to him violates the clause.

“In the present case, the defendant, Gonzalez, as a non-SVP, may not predicate his request for relief on the grounds that he has been rehabilitated and presents no risk to the public. And the trial court has refused to grant a hearing despite his repeated attempts to seek the trial court's review of his claim of ex post facto punishment,” Chief Justice Brent Dickson wrote. “Thus, as to this defendant, we find that the retroactive imposition of a lifetime registration requirement appears excessive in relation to the purpose of protecting the public from repeat sexual crime offenders.”

The high court reversed the denial of Gonzalez’s petition to remove the lifetime registration requirement and remanded the case, Andre Gonzalez v. State of Indiana, 45S03-1206-CR-307, for further proceedings. Justice Robert Rucker concurred in result without a separate opinion.

 

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  • It's about time!
    I am so glad to see that the justices are realizing these laws ARE punitive and a violation to the ex post facto laws! Congrats to Mr. Gonzalez! I'm sure you will rest a lot easier tonight! Your family will as well, I'm sure!

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  1. 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.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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