ILNews

‘The State is the State’ and they share the same fate, Supreme Court rules

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Department of Correction’s motion to obligate a convicted sex offender to continue registering was blocked by the Indiana Supreme Court on the grounds that “the State is the State.”

The Indiana Supreme Court reversed the trial court’s order granting the DOC’s motion to correct error in Ronald G. Becker v. State of Indiana, 45S03-1301-CR-9. It ruled res judicata barred DOC from bringing the motion because the department and the county prosecutor are in privity as “the State.”

After being convicted of criminal deviate conduct, a Class B felony, Ronald Becker was initially required to register annually as a sex offender for 10 years. However, after the Legislature amended the state, Becker was classified as a sexually violent predator and required register every 90 days for his lifetime.

Becker petitioned to be relieved from the additional SVP obligations, arguing they were an unconstitutional ex post facto law as applied to him. The court agreed and ordered in 2008 that classifying him retroactively as an SVP was unconstitutional. The prosecutor did not appeal the order and the DOC did not intervene to challenge it.

Later, the state entered into an Agreed Order, saying that Becker had satisfied his registration obligations under the 10-year statute and was no longer required to register.

Less than two weeks later, the Indiana Supreme Court ruled on Lemmon v. Harris, 949 N.E. 2d 803 (Ind. 2011), which rejected an ex post facto argument. The Indiana Attorney General subsequently intervened on behalf of the DOC, arguing Becker’s registration obligation from 10 years to life was not an ex post facto violation.

The trial court granted the DOC motion to correct error and ordered Becker to register every three months for the rest of his life.

In its review, the Supreme Court concluded the DOC’s interests were represented by the local prosecutor and, therefore, they are in privity for purposes of res judicata. Therefore, the 2008 Order is binding against the DOC.

“If the res judicata shoe were on the other food in this case, Becker would be hard-pressed to avoid its preclusive effects,” Justice Loretta Rush wrote for the court. “There is, after all, only one of him, with no alter egos to intervene on his behalf if a law later changed in a way favorable to his position. Final judgments in a criminal case should be similarly binding against ‘the State’ – not just the prosecutor, but also the various alter egos of the State whose substantial interests are adequately represented by the prosecutor.”

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. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  2. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  3. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

ADVERTISEMENT