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IN: Indiana Supreme Court suggests declaratory judgment a better avenue to challenge collateral consequences

[ 4/30/18]

Although the Indiana Supreme Court ruled against a registered sex offender father trying to attend his son’s school events, they did give him some guidance on how to go about his challenge.

Douglas Kirby plead guilty to child solicitation eight years ago and was sentenced to eighteen months probation. While he was on probation (and until 2015) he was permitted to come on campus to see his son’s school activities.

That was until Indiana passed a law in 2015 making it a felony for him to ” knowingly or intentionally enter school property”, regardless of whether his own child had an event. Kirby challenged the law, lost at trial, won on appeal, but ultimately lost again at the Indiana Supreme Court, which held the Court could not offer relief from a “collateral consequence”, just from an actual sentence. Since the restriction on entering school property was a collateral consequence of registration (as opposed to registration itself, or any express condition of his sentence), they were unable to offer relief.

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“The only thing necessary for the triumph of evil is for good men to do nothing.”

Evil just got a government supported win. Fantastic.

The pile of injustice associated with this system is above the atmosphere.

Hmmm…Why don’t we all do that for IML

Hmmm…why don’t we all do that for IML.

Please! There are another actions to be taken! I On two occasions I have demanded trial. Under felony indictment our founders to make it so ANY WITNESSES can be called to the stand via subpoenas. So if one calls the original victim to refute claims of abnormality, confront that directly. Extenuating circumstance avowed. This strategy should not be undertaken lightly as other bad behind might be disclosed. Ex post claimants also have an opportunity to give a civics lesson to the jury. The original sex case mandated by law a formal document known as a judgement of conviction. Among other… Read more »

When did “collateral consequence” become the golden ticket to allow anything to be done to someone after a conviction regardless of the US Constitution? Originally, the term was used to describe unavoidable collateral consequences of having a conviction on a record. It refereed to things like being denied to be a lawyer or FBI agent as an unavoidable and logical “collateral consequence” of having that conviction on your record. The sex offender registry and laws created against those on it are NOT an unavoidable “collateral consequence” of conviction, they are a collateral consequence of unconstitutional laws and the registry. Someday,… Read more »

This is good Chris.. I am telling you the courts are fed up with this crap and are extremely frustrated that no one is challenging these laws correctly. This judge is straight telling the guy what he needs to file and all he has to do is prove the following to get injunction relief as well. This is out of the Millard case where they won the declaratory issues but I do not believe that they will get relief because they failed to state the proper elements for injunction relief which enjoins the state officials. I believe that the Plaintiff’s… Read more »

Oh, I guess that must be OUR Eugene Knight! Good work, Eugene!

everyone has to stop thinking that this is about the crime or about the registry. This is a plain and simple question. Does the Sex offender registry in its self meet the requirement of being constitutionally valid? The answer to that is it does not #1 people have to start to look on does this law enacted by the Federal government subsidized by the tax payer and then given to the local law enforcement in every jurisdiction to not only over see but also to use as a source of revenue to give one extra person a job. And is… Read more »

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