Justices take juvenile sex offender case
The Indiana Supreme Court accepted just one case on transfer last week, that of a Lawrence County teen who was ordered to register as a sex offender.
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Articles
Legislation on judicial nominating commission members moves to House
A bill that would require the governor to appoint nonattorney members to the Judicial Nominating Commission from a list of legislator-approved candidates passed the Senate 46-2 Thursday.
Judges affirm defendant must register as sex offender as part of probation
A defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
Judges uphold sexually violent predator status
The Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent predator status constituted a fundamental error, so the court upheld the SVP status.
Lawmakers amend bill to restrict sex offenders’ access to social media
In response to a ruling by the 7th Circuit Court of Appeals, two Indiana lawmakers have introduced a proposal restricting sex offenders from using social media sites.
Man wins appeal of case against Indiana Parole Board
Several conditions of a man’s parole following his conviction of criminal deviate conduct involving an adult – including prohibitions on spending time with his own children – were found to be overbroad or vague by the Indiana Court of Appeals Wednesday. The judges reversed the grant of partial summary judgment in favor of the Indiana Parole Board and other defendants on David Bleeke’s complaint for declaratory and injunctive relief.
7th Circuit strikes down sex-offender social media ban as unconstitutional
Indiana Code 35-42-4-12 prohibiting certain sex offenders from using social networking sites that allow minors to participate is not narrowly tailored to serve the state’s interest, the 7th Circuit Court of Appeals held Wednesday. The judges ordered a permanent injunction entered preventing enforcement of the current law.
Senator files bill restricting educational credit time for sex offenders
Sen. Jim Merritt, R-Indianapolis, announced Wednesday that he has introduced legislation to revise the state’s education credit law for sex offenders. He said eight months ago that he would seek to change the law after a sex offender was released early after earning this type of credit.
Justices find man not required to register for life as sex offender
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
Justices order modification of sentence of convicted child caseworker to comply with plea agreement
A former child protective services caseworker convicted of sex crimes in Hamilton and Elkhart counties should have his sentence modified to comport with his plea agreement, the Indiana Supreme Court ordered.
Failure to report abuse charges to proceed against athletic director
The Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct of LaPorte High School’s junior volleyball coach Robert Ashcraft.
COA affirms sex offender’s removal from registry
A man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals affirmed Monday.
COA orders man removed from Ind. sex offender registry
Nearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana's sex-offender registry.
Indiana sex offender parole conditions at issue
Indiana appellate judges are grappling with sensitive questions about whether the state’s automatic and uniform parole conditions for sex offenders are constitutional.
COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”
COA to hear challenge to sex offender monitoring program
An Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional will be heard Tuesday by a panel of the Indiana Court of Appeals.
Man not required to register in Indiana for Illinois crime
The Indiana Court of Appeals ruled it’s a violation of the ex post facto provision of the state’s constitution to require a man who committed a sex crime in Illinois, but now lives in Indiana, to register in Indiana because the laws requiring him to register in both states were enacted after he committed the crime in Illinois.
Ankle bracelet excuse fails in court
A sex offender cannot use an ankle monitor as an excuse for failing to update his address on the sex offender registry, the Indiana Court of Appeals ruled.
Sex offender registry listings subject of court appeals
The 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
Convicted sex offender appeals requirement to register in Indiana
A Massachusetts man who pleaded guilty to rape and abuse of a child in that state in 1984 will argue before the Indiana Court of Appeals Wednesday that he should not have to register in Indiana, where he now lives.