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STATE v. POLLARD

No. 05S02-0906-CR-305.

908 N.E.2d 1145 (2009)

STATE of Indiana, Appellant (Plaintiff below), v. Anthony W. POLLARD, Appellee (Defendant below).

Supreme Court of Indiana.

June 30, 2009.

Attorney(s) appearing for the Case

Gregory F. Zoeller, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Chris M. Teagle, Muncie, IN, Attorney for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 05A02-0707-CR-640

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...

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