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
Scratch Indiana off my list:
“(f) A person who is required to register as a sex or violent offender in any jurisdiction shall register for the period required by the other jurisdiction or the period described in this section, whichever is longer.”
https://codes.findlaw.com/in/title-11-corrections/in-code-sect-11-8-8-19.html
By the way, the Restoration of Rights Project has updated their 50-State Comparison Relief from Sex Offender Registration Obligations as of November 14, 2019:
https://ccresourcecenter.org/state-restoration-profiles/50-state-comparison-relief-from-sex-offender-registration-obligations/
Sounds like a case of a lower Court judge just letting time get wasted like so many do, the gears of the justice system moves grinds ever slowly. In the meantime the plaintiff must suffer.
I’ve been chiming in less and less on these forums for personal reasons, but I do want to state that for the record, the person who is fighting back in the courts is doing the right thing. We must all stand up when the time is right and fight back like the Men and Woman we are and not cower to the evils that run the majority (personal belief based on experience) of our government. We are given the rules of game we do not want to play but we are forced to play by their rules or turn to violence or suicide as the answer (neither of which are good for the long term). I say we continue to fight in the courts until such time the courts have given up on doing what is right (after which, all bets are off as well as the boxing gloves). We are the ones doing what is right when we recognize any wrongdoing we are responsible for and correct our ways as humans. Every time there is someone who fights back on our (the governments) turf and operate within their rules, we look better within the community at large, i.e, society. Please keep up the good fight. Most of you reading this are wonderful people and you know who you are. At the end of the day, government is just a gang of people like you and me who wanted Job and financial security. Remember however, they are a gang and unlike you and I, they work together for the most part. Likely most have families they must care for and thus they will do whatever to protect them. Please understand this– As long as you understand that Government is just people like you and me, then you may understand that we are not so different after all and that we have the power to influence those who might have a hard stance against anyone given the label by whatever tools “they” have. You would protect those you love too, right? We are all human. I respect anyone who would do anything and everything to protect those they love, as long as they do no harm in the process.
I have successfully destroyed the lives of many evil people.
I have successfully nullified bad laws.
I have successfully become a much better person.
I have successfully instilled fear in the highest of ranking officials within every level of government.
But no matter how successful I was and will continue to be, it would not have been possible without the help of others.
Find your inner peace. Determine what you will and will not be willing to die for and focus on those that you would be willing to die for and yet focus on those situation where you can live the longest where also fighting the good fight. You can’t do good forever if you die early. There is a balance you must achieve if it comes down to it.
I love you all. I even love you evil bastards out there because without you, I would not be able to recognize good vs evil. I love a good challenge and a good fight.
Bring it. I’m ready. Are you?
The strategy of winning our freedom through the legal process is a good one. However, I can’t help but think that the real success in our efforts will come not through the legal system but rather through the citizens and through business as they realize the real effects of the SOR laws. As citizens and business become more informed of what the politicians are doing with these laws and how these laws damage people forever and destroy their lives, how the laws in no way accomplish their intended goals, people and business will no longer fear us and that is the point when things will change. Recently, I applied to and was accepted for employment by a large retail chain. During the application process I revealed my status on the registry and the circumstances of the incident and they hired me. So the public is slowly realizing the hoax that has been perpetrated by the politicians and the process of nullifying the SOR has begun not only by the courts but also by the people.
I believe that Sentinel is on the right track. Sixteen years ago when I moved into my new home, the sheriff’s department fulfilled its obligation and went around and handed out notices to all my new neighbors. Well I figured that if the sheriff’s department could do it then so could I. I handed out an information sheet on my history and background…both the good and the bad. With one exception…every neighborhood has one…I have gotten along very well over the years with my neighbors. I have served on the HOA board and served as a trustee in my church for seven years. When people get to see what a real RSO is like things change. Changing people will do more for us than changing the ‘political mind’ of politicians…they are too focused on themselves.
Good story, that’s why I smile in all my photos instead of looking mean or weird and down and out cause this shit is a Ridiculous. Hold your heads high don’t look crazy and pale like you just come out a dungeon masterbating get some rub on tan loose the goatees and sad faces no one gives a crap your sad and gonna feel bad your being screwed over if your smiling they are gonna be like this is stupid nothing to talk about here obviously something else is going on here if everyone is smiling. I’ve noticed it’s caught on over the years for a while they tried to tell me not to smile but I was like show me the policy. If everyone was smiling people who get their kicks off finding people in society to down who’s usually that one woman that controlls all her friends you know the matchmaker that’s in everyone’s business may look at themselves and be like I’m just a miserable myself and go back to bossing kids and nice people around.
The State claimed that Peele couldn’t bring a civil complaint involving a criminal case. The Judge agreed and denied his motion claiming he had no jurisdiction. So it took a lot of time and expense for an appellate judge to claim the obvious: that he’s not challenging the conviction, he challenging a civil regulatory scheme forced upon him as a result of his conviction after the fact.
I find it very hard to believe that the lower Judge couldn’t figure that out. In fact, the lower court’s decision itself shows how absurd it is that these laws are NOT considered punishment. It seems the judge can’t even figure it out.
I think he didn’t WANT to take the case is how that went down. He read that case and knew he’d be forced to rule “in favor of a sex offender.”
That’s our enemy of late. This run around that judges are either allowing or concocting themselves in an effort to avoid the issue all together – letting frivolous technicalities relieve them of having to make a ruling that is unpopular. Total B.S.
The many, many successful appeals across the country make me feel good for the appellants (and sometimes for us RC’s). However, it also makes me curious as to how so many intelligent, educated legal professionals disagree with each other so often about basic legal concepts. Is it ignorance in most cases, or is it just laziness or stubbornness on the part of lower courts? Maybe it’s like the Captain suggests in his comment above? Maybe it’s just part of keeping the legal money machines running across the country.
Sounds as though there was a judge in the lower court who was afraid to make a decision for the plaintiff out of fear of being seen as too easy or in favor of sex offenders.
Wow, i read your comment AFTER i wrote mine. Yes, EXACTLY!
Yeah, the ruling should read: “Reversed and remanded back to the dumb ass pussy judge who just wasted our time.” Pardon our French.
In relation to them judges you speak of and not to change the subject!. “MY” judge was a sex offender at the time he sentenced me. He has since stepped down from the bench.