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

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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.”

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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