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. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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