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Wednesday, May 11, 2011

Ind. Decisions - "Convicted Elkhart rapist doesn't have to register for sex offender list"

The COA opinion May 6th in Jamie L. Vida v. State of Indiana (NFP) (ILB summary here) is the subject of a story by Justin Leighty of the Elkhart Truth:

GOSHEN -- A convicted Elkhart rapist doesn't have to be registered as a sex offender, an appeals court ruled Friday in overturning a local judge's ruling.

Jamie Lee Vida, 39, of 3133 Kelsey Ave., should be taken off the Indiana Sex and Violent Offender Registry, the Indiana Court of Appeals ruled.

Vida was convicted of rape and criminal deviate conduct in 1995, after the registry took effect in 1994, according to the appeals court's ruling. But the crimes actually happened slightly more than three weeks before the registry became law, the appeals court ruled.

The appeal came after Judge George Biddlecome of Elkhart Superior Court 3 ruled that Vida had to register because "he had not yet even been convicted when the (Registration) Act went into effect," according to the appeals court.

The appeals court judges ruled, however, that "Because Vida committed his sex offenses before the Act became effective, the Act is unconstitutional as applied to him" under the ex-post-facto clauses of the U.S. and Indiana constitutions. * * *

Even the Indiana Attorney General's office, which serves as prosecutor in appeals, conceded that the registration law shouldn't apply to Vida.

The court of appeals ordered Vida's case sent back to Biddlecome, instructing him to grant Vida's petition for removal from the state's registry.

Posted by Marcia Oddi on May 11, 2011 12:35 PM
Posted to Ind. App.Ct. Decisions