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Supreme Court affirms sexually violent predator status

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A man’s challenge to the finding that he is a sexually violent predator failed because the invited error doctrine precludes consideration of his claims on appeal, the Indiana Supreme Court ruled today. If it wasn’t for this error, three of the justices believed the defendant would have been entitled to relief.

In Matthew A. Baugh v. State of Indiana, No. 18S04-1007-CR-398, the justices affirmed the determination that Matthew Baugh is a sexually violent predator. He was convicted of two counts of Class B felony sexual misconduct with a minor. After such a conviction, a hearing may be held to determine whether the defendant also should be classified as a sexually violent predator.

Indiana Code Section 35-38-1-7.5(e) requires the court to appoint two psychologists or psychiatrists who have expertise in criminal behavior to evaluate the defendant and testify at the hearing. The hearing may be combined with a person’s sentencing hearing.

The trial court combined the two hearings and received two reports from the court-appointed psychiatrist and psychologist. Both found Baugh would be likely to commit future sex offenses, and one report stated he should be classified as a SVP. The two doctors did not testify at the hearing.

Instead of challenging their credentials as far as being able to evaluate Baugh or the fact they were not there in person to testify, Baugh’s counsel said it’s up to the court to make the SVP determination based on the convictions and the doctor’s reports. The trial court found him to be a SVP.

“The invited error doctrine applies here to preclude consideration of the defendant's appellate claims based on the absence of the doctors' live testimony at the hearing and the alleged insufficient expertise in criminal behavioral disorders,” wrote Justice Brent Dickson for the majority, with which Chief Justice Randall T. Shepard and Justices Frank Sullivan and Theodore Boehm concurred.

Justice Robert Rucker concurred in separate opinion in which the chief justice and Justice Sullivan joined. They believe that had it not been for the invited error doctrine, Baugh would be entitled to relief. Based on their interpretation of the statute, the doctors had to testify in person at the hearing, and had he asked for them to testify live, the trial court would have had to honor that request. But because he invited the trial court to make its determination based in part on the doctors’ reports, he can’t now challenge that decision.

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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