Legal Opinion

Vickery v. State

Indiana Court of Appeals

Decided July 1, 2010No. 49A02-1001-CR-38PublishedCited by 7 opinions

1Opinion of the Court

OPINION

CRONE, Judge.

Case Summary

Mark Vickery appeals the trial court's denial of his motion to remove sexually violent predator ("SVP") status. We affirm. 1

Issue

I. Does the current version of Indiana Code Section 35-38-1-7.5, as applied to Vickery, violate the ex post facto provisions of the Indiana and U.S. Constitutions?

II. Were Vickery's due process rights violated because he was classified as an SVP with no opportunity to be heard on the issue?

Facts and Procedural History

On June 9, 2004, Vickery pled guilty to child molesting as a class B felony for an act he committed against an…

2Cases cited8 opinions

  1. Paul v. DavisSupreme Court of the United States · 1976
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. Smith v. DoeSupreme Court of the United States · 2003
  4. Wallace v. StateIndiana Supreme Court · 2009
  5. State v. RendlemanIndiana Supreme Court · 1992

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Lemmon v. HarrisIndiana Supreme Court · 2011
  2. N.L. v. State of IndianaIndiana Supreme Court · 2013
  3. Bobby A. Harlan v. State of IndianaIndiana Court of Appeals · 2012
  4. Daniel J. Hollen v. State of IndianaIndiana Court of Appeals · 2013
  5. Kile Richard Stockert v. State of IndianaIndiana Court of Appeals · 2015

2 more not listed; retrieve them via the Exa API.

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