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Monday, September 22, 2014

Ind. Decisions - "Sex offender doesn't have to register" ruled COA, citing ex post facto laws ruling

A Court of Appeals opinion, Michael T. Paille v. State of Indiana (NFP), is the subject of a story today in the Muncie Star-Press, reported by Douglas Walker.

Based upon the Indiana Supreme Court's 2009 opinion in Wallace v. State, the COA in Paille ruled:

[W]e conclude that application of INSORA to Paille would be a violation of Indiana’s prohibition on ex post facto laws. We therefore reverse and remand with instructions to vacate the criminal charges against Paille and to grant his motion for removal from the sex offender registry.
Today's story reports:
A Muncie man convicted of sex crimes in Florida does not have to register locally as a sex offender, the Indiana Court of Appeals has ruled.

In a 3-0 ruling, the appeals court also ordered local authorities to dismiss two criminal charges pending against 44-year-old Michael Troy Paille that stemmed from his failure to register with the Delaware County Sheriff's Office.

In this month's decision, Judge Cale Bradford acknowledged that when Paille most recently was released from a Florida prison, in 2011, he was "required to register in Florida as a sex offender for at least 25 years."

However, because Paille's Florida crimes and convictions predated the 1994 enactment of Indiana's Sex Offender Registry Act, he is not required to register here, Bradford wrote. He noted a 2009 ruling by the Indiana Supreme Court that "the application of INSORA to crimes committed before INSORA's 1994 enactment was unconstitutional."

Posted by Marcia Oddi on September 22, 2014 12:16 PM
Posted to Ind. App.Ct. Decisions