State v. Pollard (Ind. 2009)

State v. Pollard, 908 N.E.2d 1145 (Ind. 2009)

Nature of Case: Appellee, a person required to register under Indiana law, had been convicted of a sexual offense and served his sentence prior to the enactment of statewide residence restrictions. Appellee had owned his home prior to the law’s enactment, which was located in a restricted zone, and continued to reside there. He was criminally charged, and and filed a motion to dismiss in the trial court. The trial court dismissed the charges, and the state appealed to the Indiana Court of Appeals, which also affirmed. State sought review from the Indiana Supreme Court.

Holding: Affirmed. Residence restrictions, as applied to appellee, violated state constitutional prohibitions against ex post facto laws.