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Man not required to register in Indiana for Illinois crime

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The Indiana Court of Appeals ruled it’s a violation of the ex post facto provision of the state’s constitution to require a man who committed a sex crime in Illinois, but now lives in Indiana, to register in Indiana because the laws requiring him to register in both states were enacted after he committed the crime in Illinois.

Jerome Michael Burton appealed the denial of his motion to dismiss the charge of failure to register as a sex offender. Burton was convicted in 1987 in Illinois of a sex crime; Illinois didn’t require people who committed the same crime as Burton to register until 1996. In Illinois, he was convicted in 2003 and 2007 for sex offender registration violations, and when he moved to Indiana, he was convicted here for failure to register pursuant to the Indiana Sex Offender Registration Act. Indiana’s version of SORA that requires Burton to register became effective in 2006.

Burton again failed to register in 2011 and sought to dismiss the Class C felony failure to register charges the state filed, arguing that the requirement he register violates the ex post facto provision of the Indiana Constitution. The trial court denied the motion, but on interlocutory appeal, the Court of Appeals reversed.

The judges found Wallace v. State, 905 N.E.2d 371 (Ind. 2009), applies to this case. Burton has the protection of the Indiana Constitution as the application of Indiana’s SORA, without regard to the fact he was convicted of the qualifying sex offense in Illinois.

“It is for us, not Illinois, to determine who is required to register under our SORA,” Senior Judge James Sharpnack wrote in Jerome Michael Burton v. State of Indiana
45A03-1201-CR-6.

The judges rejected the state’s argument that Burton’s obligation to register in Indiana stems from his 2007 conviction for failure to register in Illinois. But Burton’s current registration requirement in Illinois is based on the 1987 conviction, and but for that conviction, he would not be subject to any registration requirement, Sharpnack continued.

The Full Faith and Credit Clause is not implicated here, as the state argued, and the judges also rejected the state’s claim that Indiana would become a “haven” for offenders like Burton if he is not required to register.

“Any haven would be only for those who, under our constitution, could not be compelled to register in violation of our state’s prohibition of ex post facto laws,” he wrote. “We are dealing only with those offenders who committed crimes in states which had no registration requirements at the time of the offenses. The concern of the State does not outweigh the value of enforcing our constitution in the application of our registration statute.”

The Court of Appeals ordered the trial court grant Burton’s motion to dismiss.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. 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?

  3. 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?

  4. 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.

  5. 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?

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