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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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