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Justices take sex offender case

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The Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender for life.

The justices accepted Edwin G. Buss, et al. v. Michael L. Harris, No. 52S02-1011-CV-642. Michael Harris pleaded guilty to felony child molesting in 1999 and was re-incarcerated twice for parole violations. He learned in 2007 that he’d be designated as a sexually violent predator and would have to register for life after state statutes had been revised. He refused to sign the forms and sued in late 2007.

The trial court granted Harris’ requests for declaratory and injunctive relief, relying on Wallace v. State, 905 N.E.2d 371, 374-377 (Ind. 2009), and Jensen v. State, 905 N.E.2d 384 (Ind. 2009).

The Indiana Court of Appeals affirmed the trial court in May 2010, ruling the Indiana Department of Correction isn’t authorized to determine whether an offender is a sexually violent predator. They rejected the state’s construction of the statutory provisions, ruling the legislature didn’t intend that an offender could have completed his sentence and reporting requirement and, without notice, be found in violation of lifetime reporting requirements because of amendments to statute.

The appellate judges cited Jones v. State, 885 N.E.2d 1286 (Ind. 2008), to support their ruling.
 

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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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