In Re State of Ohio Conviction Against Gambler
939 N.E.2d 1128
| Ind. Ct. App. | 2011Background
- Gambler, who was convicted of Gross Sexual Imposition in Ohio in 1994/1995, sought removal from the Indiana sex offender registry through a letter to the Allen Superior Court in April 2010.
- The Allen Superior Court treated Gambler's letter as a petition to remove him from the registry and directed service to all parties of record under the Trial Rules.
- An Allen County trial court later ordered the Sheriff and the DOC to remove Gambler from the Indiana sex offender registry based on findings about his conviction and a Wallace v. State citation.
- DOC filed motions to intervene and for correction of error; the trial court granted intervention but denied the correction, prompting DOC’s appeal.
- The trial court did not provide notice to required governmental actors or hold a hearing before granting removal, raising constitutional and statutory procedural concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court err in removing Gambler from the registry without notice or a hearing? | Gambler | Gambler | Yes; error to remove without notice/hearing |
Key Cases Cited
- Wiggins v. State, 928 N.E.2d 837 (Ind. Ct. App. 2010) (procedural notice and full information for registry petitions)
- Trinity Homes, LLC v. Fang, 848 N.E.2d 1065 (Ind. 2006) (precedent on appellate duty when no appellee brief is filed)
- Wallace v. State, 905 N.E.2d 371 (Ind. 2009) (statutory framework for registry-relief petitions)