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Last updated on Wednesday, August 29, 2012
(INDIANAPOLIS) - A federal appeals court has ruled Indiana’s Sex and Violent Offender Registry doesn’t provide enough due process when it comes to fixing errors.
The 7th U.S. Circuit Court of Appeals on Tuesday reversed and remanded to federal court in Indianapolis for further proceedings a case in which an Orange County man challenged being identified as a sexually violent offender after two child exploitation convictions in 2006.
The registry operated by the Indiana Department of Correction incorrectly identified that man, David Schepers, as a sexual predator and as having committed a crime he never committed.
The registry provides a way for Indiana inmates to correct errors, but Schepers wasn't imprisoned and didn't have that opportunity, according to Judge Diane Wood, who spoke for the three-judge panel.
The attorney general's office, which represents DOC, said it is reviewing the ruling.
To see the courts ruling visit http://www.ca7.uscourts.gov/tmp/L20D0DMW.pdf
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