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.



  • 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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.