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Man’s challenge to requirement he register as sex offender dismissed

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The Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t have to register as a sex offender for a 1982 rape conviction in California.

Ralph Pipkin, who has lived in Indiana since 1986, was charged with Class D felony failure to register for not registering as a sex offender between Oct. 17, 2008, and April 21, 2009. He argued that the charge should be dismissed because the registration requirement under the Indiana Sex Offender Registration and Notification Act is an ex post facto punishment under the Indiana Constitution as applied to him. The trial court denied his first and second motions to dismiss.

“Here, Pipkin sought interlocutory review in April 2012 of the September 2011 order denying his first motion to dismiss. While the trial court certified that order for interlocutory appeal, the trial court did not enter any findings under Rule 14(B)(1)(a) that there was good cause shown for belated certification of an appeal from the denial of the first motion to dismiss,” Judge L. Mark Bailey wrote in Ralph Pipkin v. State of Indiana, 49A02-1206-CR-447. “Further, our review of the record reveals no evidence that would establish good cause for a belated appeal from the order denying the first motion to dismiss.”

His appeal was not properly perfected, so the Court of Appeals dismissed it for lack of jurisdiction.

 

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  • Jurisdiction
    How can the court of appeals lack jurisdiction? The last time I looked, the Indiana Court of Appeals had jurisdiction over all Indiana ciourts!

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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