ILNews

Majority upholds violent sexual predator finding

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT