SCOTUS accepts Indiana offender-registry case

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The nation's highest court has taken an Indiana case that asks whether someone can be criminally prosecuted under a federal sex-offense registry law if that defendant's underlying offense and move to another state predated the Sex Offender Registration and Notification Act's passage.

At its daylong opening conference Tuesday, the Supreme Court of the United States granted certiorari in Thomas Carr v. United States, No. 08-1301, a case from the Northern District of Indiana, Fort Wayne Division, that the 7th Circuit Court of Appeals had ruled on late last year.

The certiorari petition was filed April 22, 2009, with the government's opposition brief filed in August. The petitioner's reply brief is here.

The Carr case was the first its kind in the Circuit. It's now one of 10 cases the justices accepted, including two others from the 7th Circuit - one asks whether the Second Amendment is incorporated into constitutional clauses in order to be applicable to the states, thereby invalidating home handgun possession ordinances; the other case asks whether someone must file a discrimination charge with the Equal Employment Opportunity Commission after the employer's use of the discriminatory practice or awareness of the practice.

In the Carr case, justices will delve into an issue that's been surfacing more nationally and has brought disagreement from state and federal courts. The 7th Circuit issued its ruling in December 2008, combining it with the related case of U.S. v. Marcus Dixon, No. 08-1438. Judges found that a reasonable grace period is required before the federal government can enhance a convicted sex offender's punishment for not registering after a move to a new state and that time frame falls somewhere between zero days and five months.

The judges dismissed claims that federal law was unconstitutional on several fronts and instead focused mostly on the notice received from the federal government before a criminal failure to register with state authorities is enhanced to a federal crime. Overall, the court determined the law isn't unconstitutional and any convicted sex offender must register even if they came to the state prior to the federal law's passage.

But in its certiorari petition, attorneys argue that the requirement violates the Ex Post Facto Clause of the U.S. Constitution and that failure to register under the federal law is not a continuing offense under the clause.

Fort Wayne attorney Stanley Campbell with law firm Swanson & Campbell is one of Carr's lawyers, joining a cast of defense and federal prosecuting attorneys from Washington, D.C., and other jurisdictions.

The high court hasn't yet set a date for arguments in this case.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.