In an unusual situation, the State of Indiana agreed that an appeals court erred in reversing a removal (from the sex offender registry) order and jointly sought a rehearing and order declaring the case moot because they took him off the registry of their own volition!
The order on the rehearing states; “the State sua sponte removed McPhearson from the registry.In their joint petition, McPhearson and the State argue that the State’s original analysis of the sex offender registration amendments was incorrect.Specifically, McPhearson and the State contend that other litigation pending in our sister federal courts,coupled with a careful examination of Indiana’s prohibition against ex post facto laws, has prompted the State to reevaluate its approach to these types of cases”
How rarely do you read a state concede they “got it wrong” and their interpretation of the statute is unconstitutional?
You can read the decision here: https://www.in.gov/judiciary/opinions/pdf/05262001jgb.pdf
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