Paille -v- Indiana
MUNCIE – A Muncie man convicted of sex crimes in Florida does not have to register locally as a sex offender, the Indiana Court of Appeals has ruled.
In a 3-0 ruling, the appeals court also ordered local authorities to dismiss two criminal charges pending against 44-year-old Michael Troy Paille that stemmed from his failure to register with the Delaware County Sheriff's Office.
In this month's decision, Judge Cale Bradford acknowledged that when Paille most recently was released from a Florida prison, in 2011, he was "required to register in Florida as a sex offender for at least 25 years."
However, because Paille's Florida crimes and convictions predated the 1994 enactment of Indiana's Sex Offender Registry Act, he is not required to register here, Bradford wrote. He noted a 2009 ruling by the Indiana Supreme Court that "the application of INSORA to crimes committed before INSORA's 1994 enactment was unconstitutional."
In 1993, Paille was convicted of two counts of sexual battery on a child — for acts committed in 1986 — in Charlotte County, Fla., and sentenced to a year in prison and 15 years on probation.
Paille had moved to Indiana in 1991, his attorneys maintained, in one document listing his local criminal convictions here as proof of his local residency. Those convictions, between 1993 and 2006, were for multiple driving-while-intoxicated charges, as well as crimes that included domestic battery, cruelty to an animal and driving after a lifetime suspension.
In 2009, as a result of those Indiana convictions, a Florida judge ruled Paille had violated the terms of his probation in the sexual battery case, and ordered him to spend 16 months in a prison in the Sunshine State.
Paille returned to Muncie upon his release from prison in 2011. In August 2013, he was arrested and charged with failing to register as a convicted sex or violent offender, and with failure of a sex offender to possess identification.
In March, Delaware Circuit Court 3 Judge Linda Ralu Wolf denied a motion by Paille to have those charges dismissed. She agreed to allow him to appeal her ruling before the local case proceeded to trial.
The office of Indiana Attorney General Greg Zoeller has 30 days from the appeals court's Sept. 11 ruling to ask the state Supreme Court to review the case. ..Source.. by Douglas Walker
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