ILNews

Justices ready for sex-offender registry issue

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court will consider two cases this week asking whether convicted sex offenders can be required to register for life on a statewide database.

The state's highest appeals court will hear a combined argument Thursday in Todd L. Jensen v. State, No. 02A04-0706-CR-351, and Richard P. Wallace v. State, No. 49A02-0706-CR-498. Arguments are set to begin at 9:45 a.m. and can be viewed online through a webcast.

Now, Jensen v. State and Wallace v. State have a combined case number of 02S04-0803-CR-137.

The Jensen case comes from Allen Superior Court, where in 2000 Todd L. Jensen pleaded guilty to various child-related crimes and was required to register as a sex offender for 10 years. But in 2006 - two years after Jensen had been released from probation - Superior Judge Frances Gull determined he should be classified as a sexually violent predator and must register for life on the statewide registry. The Court of Appeals reversed in a December 2007 decision, finding that it violated ex post facto considerations and determining that Jensen should abide by the 10-year registration requirement.

Similar arguments are being raised in Wallace, which hails from Marion County. Richard P. Wallace pleaded guilty in 1989 to an offense against a child, served his sentence, and learned that he would have to register for life as a sex offender.

The Court of Appeals rejected Wallace's arguments and affirmed his conviction in a January ruling, finding that the requirement that he register for life didn't violate the prohibition against ex post facto laws.

This is the third time the justices are considering sex-offender related cases in the past two weeks. Justices heard arguments April 30 in J.C.C. v. State, No. 49A02-0403-JV-266, that asked whether juveniles - a 14-year-old boy in this case - can be placed on the state's sex offender registry for forcing younger boys into various sexual acts.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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