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Justices overturn man's registration requirement

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A Grant Superior judge erred in sentencing a man to register as a sex offender because that requirement wasn't in place at the time he committed his crime, the Indiana Supreme Court ruled.

In the opinion released Wednesday, Gary M. Hevner v. State of Indiana, No. 27S02-1001-CR-5, Gary Hevner challenged the part of his sentence that required him to register as a sex offender for committing possession of child pornography as a Class D felony in 2005. This was Hevner's first offense under the statute. At the time he committed the offense, a person convicted for the first time of possessing child pornography wasn't considered a sex offender and wasn't required to register as one. But Hevner's trial began in 2008, after the Indiana Sex Offender Registration Act was amended to require anyone convicted of possession of child pornography to register, regardless of the number of convictions.

He appealed his sentence, claiming the registration requirement violated the ex post facto prohibitions of the federal and state constitutions. The Indiana Court of Appeals affirmed, but the justices decided the requirement violated only the Indiana Constitution because the United States Supreme Court had recently upheld Alaska's Sex Offender Registration Act didn't violate the ex post facto clause of the U.S. Constitution. Indiana and Alaska have similar acts.

Using an "intent-effects" test, the justices ruled the registration requirement was punitive in effect. The court should have sentenced Hevner under the statute in effect on the date he committed the offense, wrote Justice Robert Rucker.

"As applied to Hevner the Act violates the prohibition on ex post facto laws contained in the Indiana Constitution because it imposes burdens that have the effect of adding punishment beyond that which could have been imposed when the crime was committed," he wrote.

Hevner also challenged the condition of his probation that he can't live within 1,000 feet of a school. The high court noted the record isn't entirely clear that the trial court imposed that restriction; however, the justices concluded that condition isn't an unreasonable condition. The case was remanded for further proceedings.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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