Indianapolis
Indiana Supreme Court overturns sex registry conviction
by Chris Buhneing on May.05, 2009, under Indianapolis
Source: Greene County Daily World
Monday, May 5, 2009
The Indiana Supreme Court on Thursday overturned a man’s conviction for not registering as a sex offender because he had already completed a sentence for child molesting before the state’s Sex Offender Registration Act was enacted.
In a unanimous ruling, the court said the subsequent conviction of Richard P. Wallace two years ago violated the state constitution’s prohibition of retroactive laws.
Applying the sex registration requirement to Wallace, who completed his probation two years before the law was enacted, would impose “burdens that have the effect of adding punishment beyond that which could have been imposed when his crime was committed,” Justice Robert Rucker wrote in an 18-page opinion.
Wallace pleaded guilty to one count of child molesting in 1989 and was given a five-year suspended sentence plus probation. He completed the probation in 1992, and in 1994 the Legislature passed a law requiring registration of sex offenders. The law was amended in 2001 to require registration regardless when the offenders were convicted, and Wallace’s ex-wife notified authorities in 2003 that he had never registered.
Wallace was convicted in Marion Superior Court and given an 18-month suspended sentence 2007, and the Indiana Court of Appeals affirmed that conviction last year.
In a separate ruling, the Supreme Court affirmed the conviction of an Allen County man who in 2000 pleaded guilty to one count of vicarious sexual gratification and one count of child molesting and spent three years in prison and another three on probation. He was also required under a separate state law at the time to register as a sex offender for 10 years.
But in 2006, the Legislature amended the law to require lifetime registration as a “sexually violent predator.”
Jensen appealed the conviction in Allen Superior Court, arguing the law was retroactive and that his original plea agreement was made invalid because he wasn’t advised he would have to register for life.
The Indiana Court of Appeals overturned the conviction, but in Thursday’s 3-2 ruling the Supreme Court rejected his arguments, saying Jensen “cites no evidence of a punitive intent on the part of the Legislature. … Thus we presume that the Legislature’s intent was civil and regulatory, and not criminal or punitive in relation to the claim that the act is an ex post facto violation.”
Copyright 2009 The Associated Press.
Giant ‘welcome home celebration’ planned Jan. 31 in Indy for local Guardsmen; Linton native to sing National Anthem
by Chris Buhneing on Jan.08, 2009, under Indianapolis
The Indiana National Guard is celebrating the return of more than 3,500 soldiers and airmen from the 76th Infantry Brigade from overseas deployments in 2008 in Lucas Oil Stadium at Indianapolis at noon Jan. 31.
This “Welcome Home Heroes Celebration” will feature soldiers and Company A , 1-151st Combat Team — based in Linton — that deployed overseas in support of the Global War on Terrorism.
Among the program guests will be Linton native Holly (Dunn) Lynn, who currently is progressing her singing career in the Nashville, Tenn., area.
The schedule for the day’s events will be:
* 10:30 a.m. — Doors open
* Noon — Parade of Troops
* 12:45 p.m. — Ceremony Begins
1) Introduction of Official Party
2) Posting of the Colors — National Anthem by Holly Lynn
3) Moment of Silence for our fallen with recognition of families
4) Tribute to wounded warriors
5) Rapid Fire with Capt. Lisa Kopczynski performs “Nighthawk”
* 1:30 p.m. — Concert (Special performer to be announced)
* 2 p.m. — End of Celebration
Company A Commander Lt. Andrew Wood told the Greene County Daily World on Thursday afternoon that he is looking forward to the big celebration.
“I think this will be meaningful for the families to get together and be a part of something special,” he said.
While deployed in Iraq for about nine months, the Avengers from armories in Linton and Vincennes, completed a total of 210 combat logistics patrols transporting more than 7,800 foreign national loads and 3,800 contractor and U.S. military loads across Iraq.
Wood said he is adjusting back to life with his family back in his hometown of Coal City.
He also appreciates the support of the entire Greene County community to his guard unit during their mobilization and combat deployment which spanned from Dec. 10, 2007 to Dec. 2, 2008 when the soldiers were released following debriefing activities at Camp Atterbury.
The event will also be special for the Greene County area guardsmen because of the National Anthem performance by Holly Lynn.
Lynn carries a deep sense of patriotism for both our country and our troops, and often conveys this through the singing of the National Anthem.
The 1999 Linton-Stockton High School graduate was invited to sing at the event by Lt. Col. Deidra Thombelson, assigned as Public Information Officer for the National Guard headquarters in Indianapolis.
Speaking to the Greene County Daily World in a telephone interview from Nashville on Thursday, Lynn said she is looking forward to the event.
“I am very excited about it,” she said. “Performing the National Anthem is one of my fortes. Being patriotic is very near and dear to my heart. My grandfather, who is deceased, is a World War II veteran and my father is a Vietnam veteran so that is something a part of my family and has been passed along to me ad to consider the importance of the National Guard and what they do for us and our country. For me, number one it’s huge to get to come back to my home state and in a small way me singing that National Anthem is a way to give tribute to our troops and to those who have served us and fallen to pay tribute to the service they have done for us.”
Recently, she sang the National Anthem prior to an Indiana Pacers game at Conseco Fieldhouse in Indianapolis on Dec. 28.
After a National Anthem performance at Belmont University in Nashville last year, Lynn was approached by country artist Vince Gill — who strongly commended her traditional, accapella performance of the anthem.
Lynn’s rendition of the National Anthem has also earned her invitations to perform for the Memphis Grizzlies (NBA), and for Indianapolis 500 Qualification races (IRL). She has earned repeat invitations with Belmont University athletics, the Nashville Sounds (PCL, AAA–Milwaukee Brewers), and the Indianapolis Indians (AAA-Pittsburgh Pirates).
In November 2006, Lynn sang for 2,000 troops of the 101st Airborne in a welcome home ceremony in Brentwood, Tenn.
Lynn also gives her time and talent to her hometown of Linton by opening the Freedom Festival Fourth of July parade every summer during the past 10 years for nearly 40,000 people.
Most recently, Lynn has become a regular guest performer at the Nashville Cowboy Church — located in the historic Texas Troubadour Theatre. This service is broadcast into over 110 countries, reaching millions through WSM Radio, XM Satellite Radio, and WWCR (World Wide Country Radio).
Also, in December she released her second CD which contains 16 gospel songs that were recorded live at the Nashville Cowboy Church.
“It has a mixture of Southern gospel and hymn arrangements, Christmas music and patriotic songs,” she said.
The CD is $15 and can be purchased through Lynn’s Web site at www.hollylynnmusic.com .
Her first CD was released in May 2006.