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ATTORNEYS FOR APPELLANT
Gregory F. Zoeller Attorney General of Indiana Cynthia L. Ploughe Deputy Attorney General Indianapolis, Indiana

ATTORNEY FOR APPELLEE
Chris M. Teagle Muncie, Indiana

______________________________________________________________________________ Jun 30 2009, 2:18 pm

FILED
of the supreme court, court of appeals and tax court

In the

CLERK

Indiana Supreme Court
_________________________________ No. 05S02-0906-CR-305 STATE OF INDIANA,

Appellant (Plaintiff below), v. ANTHONY W. POLLARD Appellee (Defendant below). _________________________________ Appeal from the Blackford Superior Court, No. 05D01-0701-FD-047 The Honorable John W. Forcum, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 05A02-0707-CR-640 _________________________________

June 30, 2009

Rucker, Justice.

The question presented is whether a section of the Indiana Sex Offender Registration Act that we refer to as the "residency restriction statute" constitutes retroactive punishment forbidden by the Ex Post Facto Clause contained in the Indiana Constitution. In this case the answer is yes.

Facts and Procedural History

On April 4, 1997, Anthony W. Pollard was convicted of a sex-related offense for which he was apparently sentenced.1 On July 1, 2006, the residency restriction statute

Download State of Indiana v. Anthony W. Pollard.pdf

Indiana Law