ILNews

Majority upholds violent sexual predator finding

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An Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s consideration of the issue.

In Matthew A. Baugh v. State of Indiana, No. 18A04-0911-CR-621, the majority determined Matthew Baugh waived his claim that the trial court failed to comply with the statutory requirements for making a sexually violent predator determination. Chief Judge John Baker and Judge Terry Crone ruled the issue waived because Baugh failed to object to the determination at sentencing.

Baugh was evaluated by two doctors, who determined he suffered from a personality disorder and was likely to re-offend. The trial court reviewed the doctors’ reports and found Baugh was a sexually violent predator within the meaning of the statute.

Judge Carr Darden dissented, writing, “Given the nature of the offenses constituting Baugh’s criminal history, I believe that consequences as severe as the ‘violent sexual predator’ label and the lifetime registration requirement should subject the doctors’ conclusions to the crucible of cross-examination.”

Judge Darden found the matter to be a fundamental error and questioned how a constitutionally competent attorney could allow his client to suffer the consequences Baugh did without advising him of the statutorily required hearing. The judge wanted the trial court to conduct a hearing with the doctors or inform Baugh of the statutory requirement for the hearing and get an express waiver of the experts testifying at the hearing.

The appellate court affirmed Baugh’s consecutive sentences for two convictions of Class B felony sexual misconduct with a minor. The judges also held his convictions don’t violate the Indiana Constitution’s prohibition of double jeopardy.
 

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. 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.

  3. 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.

  4. 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)

  5. 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)

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