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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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