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Thursday, August 19, 2010

Ind. Courts - Yet another post-Wallace lawsuit, required to enforce Supreme Court's ruling

A story today by Bob Kasarda of the NWI Times begins:

VALPARAISO | Portage resident Terry Hough admits up front he was convicted of rape in Pennsylvania in 1993.

But the 46-year-old argues in a lawsuit that he should not be forced to register as a sex offender in Porter County because at the time of his offense and conviction there were no registry laws in either Pennsylvania or Indiana.

"The Indiana Supreme Court has held that the sex offender registration requirements cannot be applied retroactively to one who committed an offense before the Act without violating the state constitution," according to his suit targeting the state of Indiana. * * *

Deputy Prosecutor Cheryl Polarek, who handles sex offense cases in the county, agrees with Hough's reading of the law, but she said the decision will be up to the courts and state attorney general's office.

ILB: In short, despite Wallace, the burden remains on each individual petitioner to file a lawsuit and go to court to prove that the registration requirement does not apply to him.

Posted by Marcia Oddi on August 19, 2010 03:42 PM
Posted to Ind. Sup.Ct. Decisions