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Tuesday, June 30, 2009

Ind. Decisions - Supreme Court rules in sex offender case

I've received this report:

The following case has been granted transfer with opinion:

State v. Anthony Pollard -- 05A02-0707-CR-640 -- 6/30/09 -- Transfer granted with opinion

No opinion has been posted however. Pollard was the case where the COA "declared unconstitutional a 2006 state law barring registered sex offenders from living near schools, parks and youth centers in cases where the offender had already owned his home when the law took effect," to quote a 5/14/2008 story in the South Bend Tribune. Here, from the May 13th opinion of the COA:
The State of Indiana appeals Blackford Superior Court’s dismissal of the charge of Class D felony sex offender residency offense against Anthony Pollard (“Pollard”). The State argues that the trial court erred when it found that Indiana Code section 35-42-4-11, as applied to Pollard, violated Article 1, Section 24 of the Indiana Constitution.
We affirm.

Here, from the docket today, is the Supreme Court's holding:

WE AFFIRM THE TRIAL COURT'S JUDGMENT--------RUCKER, J., SHEPARD, C.J., AND DICKSON AND SULLIVAN, JJ., CONCUR.. BOEHM, J., CONCURS IN RESULT AND CONCURS IN THE OPINION EXCEPT AS TO PART B3, BELIEVING THE ABSENCE OF A SCIENTER ELEMENT FOR CERTAIN FORMS OF CHILD MOLESTING IS NOT SIGNIFICANT IN EVALUATING THE PUNITIVE CHARACTER OF THIS STATUTE.

Posted by Marcia Oddi on June 30, 2009 06:38 PM
Posted to Ind. Sup.Ct. Decisions