An Indiana registrant’s petition for removal from their sex offender registry will move forward, after an appellate court ruled that the lower court DID have jurisdiction to hear the case.

The petitioner committed an offense that required registration as a sex offender. In 2005, when he was added to the registry, his registration period was 10 years. In 2007 the state notified him that he was now considered a “sex and violent offender” and required to register for the remainder of his life. In 2019 he brought suit against the State, but the lower court dismissed his petition, claiming they had no jurisdiction to hear the case.

The appellate court just said not so. It ruled that Indiana Code Section 11-8-8-22 (d) clearly vested jurisdiction in the court to hear the petition and it should.

That doesn’t mean the court, after it hears the petition, will rule in favor of the petitioner, but it’s certainly good when someone gets their day in court.

https://www.in.gov/judiciary/opinions/pdf/01242001eft.pdf

 

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