Indiana Supreme Court· 6/30/2009

State v. Pollard

Citations

908 N.E.2d 1145
2009 Ind. LEXIS 511
2009 WL 1883731

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a statutory residency restriction that prohibited the defendant from residing within 1,000 feet of a school, youth program center, or public park was unconstitutional
noting that ex post facto prohibition forbids enactment of any law which imposes punishment for act which was not punishable at time it was committed, or imposes additional punishment
finding a 1,000 foot residency restriction to create a “substantial housing disadvantage” that “affect[ed] one’s freedom to live on one’s own property”
noting that the residentiary restrictions statute that applies to certain sex offenders failed to consider the seriousness of the offender’s crime, the relationship between the victim and the offender, or an initial determination of the risk of re-offending
noting that the residentiary restrictions statute which applies to certain sex offenders failed to consider the seriousness of the offender’s crime, the relationship between the victim and the offender, or an initial determination of the risk of re-offending
holding the second part of the test, if necessary, is to examine whether the statute is “so punitive in effect as to negate that intention thereby transforming what had been intended as a civil regulatory scheme into a criminal penalty.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boehm, Dickson, Rucker, Shepard, Sullivan

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Cited by

44 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

Other cases named State v. Pollard

71 other CourtListener records share this case name; the 50 most cited are listed.

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