Preview:

FOR PUBLICATION

ATTORNEYS FOR APPELLANT: WILLIAM J. COHEN ELIZABETH A. BELLIN Cohen Law Offices Elkhart, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
RITA HUBBARD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A03-0509-CR-409

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable David C. Bonfiglio, Judge Cause No. 20D06-0403-FD-273

June 29, 2006

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Appellant-Defendant Rita Hubbard ("Hubbard") appeals her convictions for two counts of Sexual Misconduct by a Service Provider, Class D felonies. 1 We affirm. 2 Issues Hubbard presents four issues for review, which we have consolidated and restated as follows: I. Whether Hubbard's conduct violated the Sexual Misconduct Statute; and Whether the Sexual Misconduct Statute violates Hubbard's right to due process under the United States Constitution. Facts and Procedural History During January of 2003, Hubbard was a civilian employee at the Goshen Work Release Center and Daniel Ross ("Ross") was a work release detainee in that facility. On two occasions when Ross was away from the work release center on an eight-hour pass, and Hubbard was off duty, Ross and Hubbard had consensual sexual relations at a motel in Elkhart County. On March 31, 2004, the State charged Hubbard with two counts of sexual misconduct by a service provider. Hubbard filed two motions to dismiss the charges, the first alleging that the "charging information violates Due Process" (App. 19), and the second challenging the constitutionality of the Sexual Misconduct Statute on Due Process and First Amendment grounds. The trial court denied the motions to dismiss, and refused to certify its order for an
1

II.

Ind. Code

Download Rita Hubbard v. State of Indiana.pdf

Indiana Law