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Thursday, February 28, 2008

Ind. Decisions - "Third John Doe denied by judge"

So reads the headline to this story today by Lafayette Journal and Courier reporter Sophia Voravang. Some quotes:

A convicted sex offender from Lafayette who challenged Indiana's residency restriction will not be able to return home because he has no rights to the property, a Tippecanoe County judge ruled.

The man filed a civil complaint in August, under the alias John B. Doe, fighting a recent state law that prohibits sex offenders against children from living within 1,000 feet of a school, public park or youth program center.

Doe and his attorney, Earl McCoy, argued that the statute violated Doe's rights by punishing him again, six years after he was released from probation for child seduction. * * *

John B. Doe's lawsuit was one of three complaints filed in Tippecanoe County questioning the law that forced 28 offenders here to move or be charged with a Class D felony.

All three complaints have now been shot down by judges in some capacity.

In an order that Judge Thomas Busch of Tippecanoe Superior Court 2 filed Tuesday, he ruled that John B. Doe's property rights were not violated because the home is owned by his wife. His new residence also does not affect his employment.

Busch also cited similar challenges in other states, including a decision by the Eighth Circuit Court of Appeals that determined a statute in Iowa did not violate ex post facto standards even though the offender's crime, conviction and sentence came before enactment of the law.

Indiana's law took effect on July 1, 2006.

"Under the circumstances, the court finds that injunctive relief forbidding the prosecutor and sheriff from enforcing this law in this case is not in the public interest," Busch wrote in his 11-page ruling.

"His ability to reside in the location is not a property right that can be 'taken' by the government."

See also this ILB entry from Feb. 27th.

See also this Nov. 29, 2007 ILB entry headed "More on: Georgia's top court overturned a state law Wednesday that banned registered sex offenders from living within 1,000 feet of schools, churches and other areas where children congregate."

Posted by Marcia Oddi on February 28, 2008 08:56 AM
Posted to Ind. Trial Ct. Decisions