Sexually violent predator petitions must be refiled

5-26-2010 Indiana:

The status as a sexually violent predator for two inmates stands for now, but the Indiana Court of Appeals directed the men to refile their motions to remove that status pursuant to the recently amended statute dealing with this issue.

In Stuart A. Clampitt v. State of Indiana , No. 49A04-0912-CR-686, and Spencer R. Wiggins v. State of Indiana , No. 45A03-0912-CR-613, the appellate judges were unable to address the inmates' claims because of a lack of an established record. Both Stewart Clampitt and Spencer Wiggins, inmates in the New Castle Correctional Facility, appealed the denial of their motions to remove their statuses as sexually violent predators.

Clampitt was convicted in 1996 of felony child molesting and sexual misconduct with a minor. Clampitt discovered he was listed as a sexually violent predator in Marion County and believed the application of the current SVP status is an ex post facto law.

Wiggins was convicted in 1996 of felony attempted murder, rape, criminal deviate conduct, robbery, and confinement. He argued the trial court failed to make the determination before consulting with a board of experts and that he is being punished retroactively.

In both opinions, the Court of Appeals outlined Indiana Code Section 11-8-8-22, which was amended during the 2010 Indiana General Assembly and provides guidance on the proper procedures for challenging status as a sex offender. In both cases, the appellate court directed the men to refile their challenges in the proper county pursuant to Indiana Code. The men need to file their motions in the counties in which they reside instead of where the original action occurred. ..Source.. Jennifer Nelson