Indiana Supreme Court
Richard P. Wallace, Appellant (plaintiff Below) v. State of Indiana, Appellee (defendant Below)
April 30, 20092009 Ind. LEXIS 401
Summary
The Indiana Supreme Court held that applying Indiana's Sex Offender Registration Act to Richard Wallace, whose offense, conviction, and sentence predated the Act, violated the Indiana Constitution's Ex Post Facto Clause. Although the Act served a legitimate public-safety purpose, its extensive registration, disclosure, verification, travel, identification, and dissemination requirements were punitive in effect and excessive because they applied without an individualized determination of future dangerousness or a mechanism for relief based on rehabilitation. The court summarily affirmed the Court of Appeals on Wallace's plea-agreement and sufficiency claims.