ILNews

Sex Offender Registration Act not ex post facto as applied to Perry County man

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals upheld the denial of a petition to remove a convicted child molester from the sex offender registry, finding the Sex Offender Registration Act is non-punitive as applied to him.

Daniel Hollen was convicted in Knox County in January 2000 of two counts of Class B felony child molesting for offenses that happened between July 4, 1994, and Sept. 30, 1995. In 2012, he filed pro se a “petition to remove registration act, sexual violent predator status and global positioning satellite” in Perry County, where he lived. He argued his classification as a SVP was contrary to the ex post facto clauses of the Indiana and U.S. constitutions and that he’s being retroactively punished by having to register as a SVP for the rest of his life. He believed the Act wasn’t in effect at the time he committed his offenses.

The case was transferred from Perry Circuit Court to Knox Circuit Court, but it was then sent back to Perry County because that is where Hollen resides. The Perry Circuit Court denied the motion.

The Court of Appeals pointed out that many of Hollen’s arguments are scattered and he failed to put forth a cogent argument on most points. The court addressed his argument that the requirement he registers as a SVP constitutes an ex post facto law because, he claims, the offenses were committed before the effective date of the Act.

Because he was found guilty of two counts that took place after July 1, 1994, the date the Act took effect, the judges didn’t find his argument persuasive that the offenses took place prior to the Act’s effective date. They also looked at the amendments enacted through the years to see if they are constitutional as applied to Hollen.

The COA used the “intent-effects” test to analyze whether the effects of applying the regulatory scheme are punitive as to Hollen by considering seven factors outlined in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69, 83 S. Ct. 554, 567-68 (1963). Those include whether the behavior to which the sanction applies is already a crime and whether the sanction appears excessive in relation to the alternative purpose assigned.

Under the circumstances of Hollen’s case, the court found in Daniel J. Hollen v. State of Indiana, 62A04-1211-MI-636, that the factors weigh in favor of treating the Act as non-punitive as applied to Hollen.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT