Thomas H. Andrews v. State of Indiana
978 N.E.2d 494
| Ind. Ct. App. | 2012Background
- Thomas Andrews, convicted of Massachusetts sex offenses in 1984, seeks removal from Indiana’s sex offender registry.
- INSORA initially did not require pre-1994 offenders to register, but was amended in 2001 to require broader registration.
- Andrews moved to Indiana in 1993, resided there since 1997, and operates a business in Indiana.
- In 2006 Indiana notified Andrews to register for life; in 2011 he petitioned for removal under Wallace v. State.
- Trial court granted summary judgment for the State; on appeal, Indiana Supreme Court precedent (Wallace) is applied to grant removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does applying INSORA to Andrews violate Indiana ex post facto prohibition? | Andrews relies on Wallace's ex post facto ruling. | State contends Wallace does not control Andrews and USSORNA may apply. | Yes; ex post facto violation under Indiana Constitution; grant removal. |
| Can Indiana courts assess whether federal USSORNA penalties attach to Andrews' conduct? | Federal statute does not retroactively apply in Indiana; state court aids removal. | USSORNA creates overarching federal obligation; state must follow federal requirements. | Indiana courts cannot be bound to apply USSORNA to pre-existing conduct for removal relief. |
| Should Andrews' name be removed given Wallace and Indiana’s unique constitutional protections? | Wallace mandates removal for pre-INSORA offenders under Indiana Constitution. | Public safety and federal funding considerations justify ongoing registration. | Yes; reverse and remand to grant removal from Indiana’s registry. |
Key Cases Cited
- Wallace v. State, 905 N.E.2d 371 (Ind. 2009) (ex post facto analysis for Indiana statute)
- Jensen v. State, 905 N.E.2d 384 (Ind. 2009) (non-punitive effects varies with application)
- Hevner v. State, 919 N.E.2d 109 (Ind. 2010) (as applied ex post facto concerns)
- Carr v. United States, 130 S. Ct. 2229 (U.S. 2010) (USSORNA as a federal-state framework with travel provisions)
- Reynolds v. United States, 132 S. Ct. 975 (U.S. 2012) (pre-Act offenders and AG rule specification)
- Kennedy v. Mendoza-Martinez, 372 U.S. 144 (U.S. 1963) (Kennedy factors for ex post facto analysis)
- Doe v. Sex Offender Registry Bd., 882 N.E.2d 298 (Mass. 2008) (Massachusetts pre-Act offender hearing and registration)