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Thursday, November 08, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In Jerome Michael Burton v. State of Indiana, a 10-page opinion, Sr. Judge Sharpnack writes:

In this interlocutory appeal, Jerome Michael Burton challenges the trial court’s denial of his motion to dismiss the charge of failure to register as a sex offender. We reverse and remand.

The issue is whether it is a violation of the ex post facto provision of the Indiana Constitution to require Burton to register under the Indiana Sex Offender Registration Act (“SORA”) as one who is required to register in another state, Illinois, when the statutes requiring him to register in Illinois and in Indiana were enacted after he had been convicted of the qualifying offense in Illinois. * * *

We conclude that the analysis and holding in Wallace apply to this case. We are deciding whether the ex post facto provision of the Indiana Constitution prevents the application of Indiana’s SORA to require Burton, a resident of Indiana, to register as a sex offender on the ground that he is required to register in Illinois as a consequence of having been convicted in Illinois of a sex offense prior to the enactment of both the statutes of Illinois and Indiana that required registration. Had the qualifying offense and the enactment of the registration requirement occurred in Indiana, Wallace would dictate dismissal of the charges. We hold that Burton has the protection of our constitution as to the application of our SORA, without regard to the fact that he was convicted of the qualifying sex offense in Illinois. It is for us, not Illinois, to determine who is required to register under our SORA. * * *

For the reasons stated, we reverse the trial court and remand with instructions to grant Burton’s motion to dismiss.

NFP civil opinions today (5):

Jeff Clade v. Hunt Construction Group, Inc. (NFP)

T.B. v. Review Board of the Indiana Dept. of Workforce Development and A.R. (NFP)

F.M., Mother v. N.B., Father (NFP)

Jason Bond, David Lear and Leslie Bridges, et al. v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC and The City of Indianapolis, Dept. of Waterworks (NFP)

The City of Shelbyville, Indiana and Shelbyville Board of Works and Safety v. Frank P. and Shirlene Sundvall (NFP)

NFP criminal opinions today (4):

Clay R. Firestone v. State of Indiana (NFP)

Troy Phillips v. State of Indiana (NFP)

Brian E. Graves v. State of Indiana (NFP)

Zachary A. Sebastian v. State of Indiana (NFP)

Posted by Marcia Oddi on November 8, 2012 10:31 AM
Posted to Ind. App.Ct. Decisions