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Sexually violent predator petitions must be refiled

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The status as a sexually violent predator for two inmates stands for now, but the Indiana Court of Appeals directed the men to refile their motions to remove that status pursuant to the recently amended statute dealing with this issue.

In Stuart A. Clampitt v. State of Indiana, No. 49A04-0912-CR-686, and Spencer R. Wiggins v. State of Indiana, No. 45A03-0912-CR-613, the appellate judges were unable to address the inmates’ claims because of a lack of an established record. Both Stewart Clampitt and Spencer Wiggins, inmates in the New Castle Correctional Facility, appealed the denial of their motions to remove their statuses as sexually violent predators.

Clampitt was convicted in 1996 of felony child molesting and sexual misconduct with a minor. Clampitt discovered he was listed as a sexually violent predator in Marion County and believed the application of the current SVP status is an ex post facto law.

Wiggins was convicted in 1996 of felony attempted murder, rape, criminal deviate conduct, robbery, and confinement. He argued the trial court failed to make the determination before consulting with a board of experts and that he is being punished retroactively.

In both opinions, the Court of Appeals outlined Indiana Code Section 11-8-8-22, which was amended during the 2010 Indiana General Assembly and provides guidance on the proper procedures for challenging status as a sex offender. In both cases, the appellate court directed the men to refile their challenges in the proper county pursuant to Indiana Code. The men need to file their motions in the counties in which they reside instead of where the original action occurred.
 

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  1. Here an atheist worries about the Indiana rules, when the real and demonstrated problems are (1) anti-Christian bias and (2) a refusal to follow their own rules as to the Indiana Board of Law Examiners! Such sweet, sweet irony! See, e.g. https://www.scribd.com/doc/299040062/Brown-ind-Bar-memo-Pet-cert and https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  2. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  3. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  4. Jeste?my najlepszym Kancelaria w Olkuszu. Odwied? nas na prawnika (adwokat) do wynaj?cia w Chrzanowie, Wadowicach i Olkuszu. Lokalny prawnik lub adwokat do wynaj?cia. adwokat wadowice

  5. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

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