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Wednesday, February 17, 2010

Ind. Decisions - Disarray compounds in the post-Wallace world

The ILB has two entries today that referenced the Supreme Court's April 2009 decision in Wallace v. State denying ex post facto application of sex offender registration requirements to Mr. Wallace. The question, of course, is what is the impact of Wallace on other similarly situated individuals?

In this Jan. 26, 2010 entry the ILB looked at some post-Wallace suits that have been filed, including the case of John R. Farmer v. IDOC, where Farmer moved for a declaration that subjecting him to the requirements of Indiana's Sex Offender Registration Act when he committed his offenses prior to the time the Registration Act applied to his offenses is unconstitutional as violating the ex post facto provision of the Indiana Constitution. (This Feb. 4 ILB entry gives additional information, pointing out that the filings of the Attorney General in the case indiciate that the State was now taking the position that Wallace changed the law, but that still meant every offender had to individually obtain a court order from a local judge in order to be removed from the list.)

Another case cited in the entry is Does I-III v. Indiana Department of Correction, et al., where the ACLU succeeded in having its case granted class action certification. Details are found in this Jan. 9, 2010 ILB entry.

This afternoon the ILB has received some additional documents relevant to the cases referenced above. The links are to the documents.

If I understand this correctly, the Attorney General is now saying no one anywhere in the State can any longer bring an action to get off the list on the basis of the Wallace decision, because the class action challenge in Does is pending. Hence the heading to this ILB entry: "Disarray compounds in the post-Wallace world."

Posted by Marcia Oddi on February 17, 2010 04:13 PM
Posted to Ind. Sup.Ct. Decisions