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LEMMON v. HARRIS

No. 52S02-1011-CV-642.

949 N.E.2d 803 (2011)

Bruce LEMMON, in His Official Capacity as Commissioner of the Indiana Department of Correction, Appellant (Respondent below), v. Michael L. HARRIS, Appellee (Petitioner below).

Supreme Court of Indiana.

June 28, 2011.

Attorney(s) appearing for the Case

Gregory F. Zoeller , Attorney General of Indiana, Frances Barrow , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Cara Schaefer Wieneke , Indianapolis, IN, Attorney for Appellee.

Stephen T. Owens , Public Defender of Indiana, Emily J. Witney , Gregory L. Lewis , Deputy Public Defenders, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Office of the Public Defender.

SULLIVAN, Justice.

A sex offender who committed his crimes before the Legislature created the status of "sexually violent predator" challenges that status being subsequently imposed upon him "by operation of law." We conclude that his status has in fact changed by operation of law and that this change does not violate Indiana's prohibition on ex post facto laws or doctrine of separation of powers.

Background

In April, 1999, Michael Harris pled guilty...

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