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Monday, December 03, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)

For publication opinions today (1):

In State of Indiana v. Terry J. Hough, a 12-page opinion, Judge Mathias writes:

Terry Hough (“Hough”) filed a petition in Porter Superior Court requesting that his name be removed from Indiana’s sex offender registry. Specifically, Hough, who was convicted of rape in Pennsylvania in 1993, argued that his name should be removed from the registry pursuant to our supreme court’s decision in Wallace v. State, 905 N.E.2d 371 (Ind. 2009). The trial court granted Hough’s petition and the State appeals. Specifically, the State argues that Hough should not be removed from the sex offender registry because he would still be required to register under Pennsylvania’s registry law, and he has an independent duty to register as a sex offender under the federal Sex Offender Registration and Notification Act. We affirm. * * *

Our court recently considered circumstances similar to those presented in this case in Burton v. State, No. 45A03-1201-CR-6 (Nov. 8, 2012 Ind. Ct. App. 2012). * * *

We reach the same conclusion in this case. As a resident of Indiana since 1998, Hough is entitled to the protections afforded to him by the Indiana Constitution. Therefore, even though he would be required to register as a sex offender under Pennsylvania’s laws, Indiana’s law controls. Because he was convicted of a sex offense before Indiana enacted INSORA, requiring Hough to register as a sex offender would violate Indiana’s constitutional prohibition against ex post facto laws. See Wallace, 905 N.E.2d at 384. * * *

Finally, the State argues that Hough has a separate registration requirement under the federal Sex Offender Registration and Notification Act (“USSORNA”). We recently considered this argument in Andrews v. State, No. 29A02-1112-MI-1166 (Nov. 21, 2012 Ind. Ct. App. 2012). Like the circumstances presented in this case, Andrews was convicted of a sex offense in another state before Indiana enacted INSORA. * * *

Likewise, in the case before us, Indiana is the only state that currently requires Hough to register as a sex offender, and he has resided in our state since 1998. Pursuant to our supreme court’s decision in Wallace, to continue to require that Hough register as a sex offender for a conviction pre-dating the enactment of INSORA would violate Indiana’s constitutional prohibition against ex post facto laws. See Ind. Const. Art. 1, § 24; 905 N.E.2d at 384. For all of these reasons, we affirm the trial court’s order granting Hough’s petition to remove his name from the Indiana sex offender registry.

NFP civil opinions today (1):

Monica Leigh Fortner v. Paul Leon Fortner, III (NFP)

NFP criminal opinions today (1):

Mark Graber v. State of Indiana (NFP)

Posted by Marcia Oddi on December 3, 2012 11:20 AM
Posted to Ind. App.Ct. Decisions