State of Indiana v. Terry J. Hough
978 N.E.2d 505
Ind. Ct. App.2012Background
- Hough was convicted of rape in Pennsylvania in 1993 and released from parole in 1998 before moving to Indiana.
- Pennsylvania enacted Megan’s Law (sex offender registry) in 1996 and later amendments; Hough registered in Indiana after moving but Illinois later dropped its registration requirement for him.
- In 2010, Hough petitioned to remove his name from Indiana’s sex offender registry, relying on Wallace v. State (2009).
- Indiana’s INSORA was amended in 2001 to require lifetime registration for some offenders; Wallace held the ex post facto challenge to be valid under Indiana law as applied to Wallace.
- The State argued Hough would still have a lifetime registration duty in Pennsylvania and possibly under USSORNA, so Wallace should not control.
- The trial court granted removal; the State appealed seeking to reinstate the registry requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Wallace apply to remove Hough from Indiana registry? | Wallace is inapplicable because PA would require lifelong registration and INSORA does not violate ex post facto as applied to Hough. | Indiana protections under Wallace apply; pre-INSORA convictions cannot be punished retrospectively in Indiana. | Wallace applies; removal granted. |
| Is Hough subject to ongoing registration due to Pennsylvania or federal law? | Hough has an independent duty to register under Pennsylvania law and USSORNA. | That prior or separate duties are not dispositive in Indiana; Indiana constitutional protections control. | Not dispositive; Indiana’s Wallace-based result controls. |
Key Cases Cited
- Wallace v. State, 905 N.E.2d 371 (Ind. 2009) (ex post facto analysis; seven Kennedy factors; protection under Indiana Constitution)
- Jensen v. State, 905 N.E.2d 384 (Ind. 2009) (non-punitive effects of INSORA when applied to pre-Act offenses)
- Hevner v. State, 919 N.E.2d 109 (Ind. 2010) (ex post facto concerns under Indiana Constitution in similar context)
- Burton v. State, Slip. op. (Ind. Ct. App. 2012) (2012) ( Indiana approach to multi-jurisdictional registration and ex post facto considerations)