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Thursday, February 25, 2016

Ind. Decisions - Supreme Court decides two today, re sex offender registration

In Sidney Lamour Tyson v. State of Indiana, a 13-page, 5-0 opinion, Justice Massa writes:

Sidney Lamour Tyson is charged with failing to register as a sex offender in Indiana, the basis of that requirement being his obligation to register in Texas because of a delinquency adjudication. Tyson has moved to dismiss that charge, arguing he does not fit our statutory definition of a sex offender under Indiana Code section 11-8-8-5(b), and alternatively, his duty to register upon moving to Indiana violates our Ex Post Facto Clause as applied to him since the definition was amended after he committed the underlying offense. Because Tyson is required to register in another state, we find he satisfies our statutory definition, and he must do so here. And, holding today that maintaining a registry requirement across state lines does not amount to a punitive burden, we see no ex post facto violation. We affirm.

In State of Indiana v. Scott Zerbe, a 5-0, 6-page opinion, Justice Massa writes:

In an opinion handed down today, Tyson v. State, we concluded that the Indiana Sex Offender Registration Act’s amended definition did not violate our Constitution’s prohibition against ex post facto laws as applied to an offender with an out-of-state obligation to register. We reach the same conclusion here. Because Scott Zerbe was required to register as a sex offender in Michigan, we find maintaining that requirement in Indiana does not retroactively punish him. Thus, we reverse the trial court’s grant of Zerbe’s petition to remove his designation.

Posted by Marcia Oddi on February 25, 2016 02:24 PM
Posted to Ind. Sup.Ct. Decisions