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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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