Indiana v Tutterrow
This cause is called for hearing on Def. Motion to Dismiss the pending information as to two (2) counts of Unlawful Employment near Children.
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And the court having considered Def. Motion to tDismiss and the arguments of counsel finds that I.C. 35-42-4-10(c) is unconstitutional as applied to this Def as it violates the prohibition against ex post facto laws of the Indiana and United States Constitutions. The court further finds that I.C. 35-42-4-10 is void for vaugness as applied to the Def. in this cause. Accordingly, the court finds that this cause must be dismissed.
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IT IS THERFORE ORDERED, ADJUDGED, AND DECREED that the pending information of two (2) counts of Unlawful Employment near Children, I.C. 35-42-4-10, felonies, be and hereby dismissed on the basis that the statute as applied to this Def. violates the prohibition against ex post facto laws of the Indiana and United States Constitutions and that it is Void for Vagueness.
The state will not be able to refile any charges against Tutterrow in the case as a result of the dismissal. Since Tutterrow's appearance at Hagerstown Elementary, Nettle Creek Schools and Richmond Community Schools have adopted policies restricting access to school property by registered sex offenders except in specific instances.
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