IN: Great decision out of Indiana
A great decision out of the United States District Court for the Southern District of Indiana was issued earlier this week.
Previously, people residing in Indiana who committed (and completed all sanctions relating to) offenses prior to the enactment of the Indiana Sex Offender Registry do not have to register. However, people outside Indiana who committed (and completed all sanctions relating to) offenses prior to the enactment of the Indiana Sex Offender Registry who later move to Indiana DO have to register. The same goes for someone who was living in Indiana, moved outside the state and then returned.
Federal Court Judge Richard L, Young found this result illogical. In his 37 page opinion he writes, “The state has offered no evidence that out-of-state sex offenders or those that leave and return are inherently more dangerous than resident sex offenders, and the court can think of none.”
But what is really great about this decision is that it is ANOTHER federal district court that has found the registry is PUNISHMENT!
You can read the decision below:
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Always was intended as plain indenture (13th).
Human to database. Free men are paid to maintain machines. That no federal case has been made on that fact alone reflects a peculiar ” intentional ignorance” or infatuation with the power of the database infrastructure and potential uses that guarantee political security for those unworthy leaders of a republic of free humans.
Unquestionably the notion renders RE: machina.
A state in which humans are ALL subjects of a machine database and it’s ” necessary maintenance. ”
For purposes anti-l free will.
I am hoping FAC using some of these persuade case the Federal judge mention. I read it and it seems to me the Judge is making a argument for the sex offenders . Good Decision Judge
Let us hope the state of IN does not appeal and this will be a other case we can use in support. Other than being on the registry for a offenses before we had one here in FL what is more bafflingis how it is ruled ex post facto punishment in other states. The US Constitution governs us all. It seems like things are getting better everywhere but Florida. Hats off to FAC and the legal team for fighting for us.
They are appealing
Sounds like if offenders in that state win, we all need to move there to get off the registry LOL Heck if that is what it took to get off decades of registry I would move to the moon.
Does the “and completed all sanctions relating to” part mean that those of us from FL would have to be kept on the IN registry because FL’s registry is “for life” and, therefore, we would not have completed THAT sanction until death, or does it truly mean all sanctions such as incarceration, probation, etc. but NOT the for-life registration?
No – it applies to the sentence. The registry is not considered a “punishment”
NOT PUNISHMENT? NOT PUNISHMENT!! – I have a cousin that I’ve personally seen falsely convicted in Indiana. He had 2 trials and the first one was a hung jury. Then the prosecutor polled the jurors in the first and put motions in limine for the second trial. Plus, evidence brought up in the first trial, his lawyer purposely did not introduce or question in the second trial. Then they had 2 prosecutors to his 1 lawyer. We saw him set up without evidence, nothing (with the aid of his lawyer). Now he has to register as an innocent man. YES, people on the registry are punished. Don’t believe me ask the employers that won’t hire them. After serving his time my cousin tried tirelessly to get employed. He was recently accepted to trucking school through C.R. England (10 years after the conviction), he took his CDL permit test and passed it. He disclosed his entire background to them and paid for his permit only to be denied the day he was to report to school because of the type of crime. The depression he has gone through in trying to make a decent wage. The divorce he is going through because his wife thinks she’s the “man” of the house because she brings in all the money now. With his education, he could be making over $200k easy. He got a degree in business, welding certificate, and yet employers are telling him once he wins the appeal to come see them and they will be happy to offer him a job.
You all with sex offenses are slaves! This is supposed to be a Christian country and the Bible clearly states that God forgives those who forgive. The registry alone is keeping track of your wrongs after you have already paid the price. The registry is our Country’s evidence of unforgiveness and therefore I believe we are suffering due to this and God is not forgiving US. Many US born citizens are losing jobs. My cousin said he saw so many Arab and Indian truck drivers. They send their American money to their countries and many American’s can’t get jobs due to the registry to keep money in America. I get it that people got to pay for their crimes but the registry is punishment beyond serving time. Think about it, even while in prison someone can get your name and then get information about your conviction while you are already incarcerated. Then inmates knowing this can make you a target for rape and possible death. My cousin said he saw it first-hand. Then you got the news over hyping the registry around Halloween. As if people never convicted of a crime are so innocent. Criminals didn’t have a criminal record at some point. So what do we do look for the specific type of DNA linked to sex offenses and just send those people on a deserted island or abort them?
Here is the problem. YOU! You all are the problem. Whether innocent or guilty, on the registry, free, or a lawyer reading this you’re all are the problem. Because you will not stand up like this judge did. Many are ashamed to bring stuff like this to public. You won’t share the issues on social networks. We’re personally looking to start a magazine or something because this is a problem that we need address before it’s too late. Your rights are being violated and politicians are running and using sex offenders as a way to win elections even though their little deeds are covered by their associations and affiliations. Another issue is that you’re not together. There is only strength in numbers when those numbers are working together towards a common goal. You guys are being kicked out of your homes, can’t pick your kids up from school, have to watch their games from a phone and can’t get a job good enough to pay for your therapy sessions so you get violated and sentenced back to prison. But the registry isn’t punishment. Let’s create a registry for everything we all have done that we don’t want the public to know and see if the embarrassment from our sins don’t hurt us because public disclosure of private matters isn’t punishment. And I’m saying this after spending time in two trials for a man that I know is innocent and suffering because of it. Now copy and share this if you agree and start coming together as one against the registry, knowing that if this type of punishment was inflicted on you, you would want a change.
Thank you for this!
No. Thank you all for not being afraid to advocate for people with sex offenses and creating a platform to address this non-empathetic country we’re living in. Our family has been deeply affected by this and my cousin’s household has been torn apart. There is no way the punishment they give out to these people they could endure themselves. In Indiana if you’re homeless you have to check in (in-person) with the county sheriff every 7 days. What? These people are homeless! Now they have to worry about getting a ride back to the county sheriff or risk prosecution again? They might as well just live at the county. Lifetime registration means you have to follow strict rules that the rest of the world doesn’t. Like keep your driver’s license up to date with your address, not live within so many miles of parks, schools, etc. being babysat and tracked by local authorities. My cousin is looking for an appeal but lawyers are saying he would have to get post-conviction relief because he has already done his time. This is crap. Our family argues that if you are currently and continuously being punished by the registry then it’s like you are in prison and that should constitute for a full appeal as if you were incarcerated due to being consistently under governmental watch. So when congress says this isn’t punishment I wonder whom have they polled. Did they poll the people and families most affected by these rules? I think not. That’s like polling Mike Tyson to ask him if his punches hurt. You have to ask the people who got hit by him. The world is advocating for no bullying but my cousin and others ARE being bullied by these anti-constitutional laws through the registry.
We found this forum after searching because I took him to be registered for his yearly in Marion County. He asked about moving from Indiana to Florida. The clerk at the desk was so helpful in informing him that some states make any sex offense a lifetime registration. Also that a state can only upgrade your registration not downgrade it. She gave him an example of someone who actually moved from Indiana to Florida and he was a 10-year register in Indiana but became a lifetime register in Florida. Then when he moved back to Indiana he couldn’t go back to the 10-year registration because Indiana couldn’t downgrade Florida’s lifetime registration so now he was stuck having to register for life. HORRIBLE! My question is why can the punishment of registering be upgraded but not downgraded? Some of this stuff should have been clearly stated about moving to different states. We’re happy she explained it to him but that doesn’t make it right. The house always wins and thank God we’re in a country that we can fight to change the house. Everyone just needs to be in unity. Make a petition, spread the word, do something.
Just like this forum, sex offenders need one. One place to unite, one face to represent them all, one lawyer or law firm to fight each unlawful restriction against them in a class-action suit (not just these individual cases). There’s power in numbers with unity.
Jesus spoke to those who came to prisons not the people who sat at home condemning prisoners saying I won’t come visit those sinners. Thank you guys for being a strong advocate you WILL be blessed!
The notion that we need an org to fight these all the time everywhere is spot on. EVERYONE agrees, I think. The only reason we don’t already is lack of resources— donor funds + volunteer time. So we, and other NARSOL state affiliates, pick our battles with what we’ve got.
Can this case be sited in your Expo Facto case for us here in Florida ?
We can do a Notice of Supplementary Authority, but our Amended Complaint has been filed and these issues are different than ours.
FAC,
Yes they are. Dangerousness was not the key issue Smith V, as the court relies here. It also applied to those found not guilty by mental defect, reflecting civil intent. Judge’s best base here lies in substantive equal protection. Why, because returning individuals AND migrating registrants each enter a new state’s database. This triggers anew ” public interest ” issues in every case.
The Congress in 94 may have opted for one(1) distinct database ( just for deviants) but instead built 50 databases. Excellent choice for hard drive and software makers (big data) right? Great for big labor too? Right. Oh and quite so ” benevolent. ”
The true enemy of the sex offender is the database and GOV USE there of. The sex offender was the first group sold out to big data, and indentured scapegoat. The rest of America came shortly after as today private personal information is rare indeed. Electronic medical records are a great idea IF you’re an insurance agent.
What leadership in its right mind advertises the worst of it’s flock to the rest of the world as standard procedure. Who does that? Not those acting in good faith, proof in the pudding.
Did the State actually appeal?
I can’t find an appeal on Pacer.
yes they most certainly did despite the fact the judge said we would most likely win our case.
Did the State of Indiana actually appeal the decision?
This was a trial court decision, not an appeal.
In your July 13th post you said (They are appealing)
Who is appealing?
The state of Indiana is appealing
This is a court that gets it.
Imagine if our own circuit applies straightforward reasoning like this (pp. 25-35) in response to FAC’s ex post facto challenge.
It is still beyond me as to how something can be ‘punishment’ in one district and not in another. The Constitution restricts states from passing laws that conflict with the US Constitution. The problem is that most lawmakers and citizens do not have a clue as to what is in the Constitution and that is how the lawmakers want it to be. If your rights are violated and you don’t know about it, then they can get away with “murder”. And they have to treasury of the US to back up their ‘legal’ position, leaving the average citizen to choose between ‘fighting’ or poverty.
Believe me they know what the constitution reads that’s why they manipulate the writing of the new laws and cautious what they say.
Capt, the bowl of legal spaghetti regarding punishment comes from a lack of specificity. The definition of punishment is a matter of opinion and not of law. A certain pressure on the thumb screws is not punishment, but perhaps a bit more is. The judge in this case provided a lot of ammunition for future punishment arguments. The decision also allows contrary claims that a specific state’s provisions don’t rise to that level of punishment. However, this case and others, e.g. Millard v Rankin, are indeed hopeful signs.
Concur!
Any word on Millard also isn’t McGuire V Strange out there as well?
My case exactly: fed out of state no registry came to florida all of a sudden after 22 years life ruined