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Justices issue sex-offender registration rulings

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Convicted sex offenders who've already served their sentences can't be forced to register for life by a newly enacted statute, but the Indiana Supreme Court is split on whether that lifetime requirement should be imposed on offenders who are still registering when the law is changed.

The state's highest court ruled on two companion cases today analyzing the Indiana Sex Offender Registration Act, a combination of statutes requiring defendants convicted of sex and certain other offenses to register with local law enforcement and disclose personal information. The cases are Richard P. Wallace v. State of Indiana, No. 49S02-0803-CR-138, and Todd Jensen v. State of Indiana, No. 02S04-0803-CR-137. Justices heard combined arguments May 15, 2008.

Wallace pleaded guilty to a sex offense against a child in 1989, and after serving his five-year sentence and probation he learned from law enforcement that new laws passed in 1994 and 2001 required him to register for life as a sex offender. He didn't register and was later convicted by a jury in 2007 for felony failure to register. The Court of Appeals rejected his arguments last year and affirmed the trial court.

In Jensen, the 1999 crimes resulted in the Allen County man being charged with child molesting counts and vicarious sexual gratification. He pleaded guilty in 2000 and received a sentence of three years in prison and three years probation, as well as having to register for 10 years after his time served.

Both argued the Indiana Sex Offender Registration Act violates the ex post facto prohibitions of both the Indiana and U.S. Constitutions because they'd committed the crime, been convicted, received sentences, and served them before any registration or notification was required. In Wallace's case, he'd served his entire sentence; Jensen had completed his prison time and probation, but was still continuing with his previously agreed to 10-year registration requirement.

Justice Robert D. Rucker authored both opinions, relying on seven factors laid out by the Supreme Court of the United States in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 (1963), about whether the statute is punitive or non-punitive.

In the unanimous, 18-page Wallace ruling, Justice Rucker wrote that the act in question "imposes burdens that have the effect of adding punishment beyond that which would have been imposed when his crime was committed." That decision reversed the judgment by Marion Superior Judge Lisa Borges.

But in the 13-page Jensen ruling, Justice Rucker and Chief Justice Randall T. Shepard concurred in finding that Allen Superior Judge Fran Gull was correct in her decision that Jensen be classified as a sexually violent predator and be required to register for life. Justice Frank Sullivan concurred in result with a separate opinion, while Justices Theodore Boehm and Brent Dickson dissented in their own opinion.

"We hold today in Wallace v. State that the registration requirement is punitive and therefore cannot constitutionally be applied to a person whose crime occurred before the statute was enacted," Justice Boehm wrote in Jensen. "The majority holds that the same conclusion does not apply to a person whose crime occurred at a time when only a ten-year registration was required. It is beyond dispute that a law extending the period of incarceration for a crime cannot apply to persons whose offense predates the effective date of that legislation .... It seems to me that if the registration requirement is punitive, extending its period is no less additional punishment than extending a period of incarceration, and equally violates the constitutional ban on ex post facto legislation."

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  1. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  2. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  3. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  4. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  5. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

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