Thu Mar 10 2016 07:05:07 Page 3

CHRONOLOGICAL CASE SUMMARY
CRIMINAL DOCKET, NOBLE COUNTY CIRCUIT COURT

FOR CAUSE NO: 57C01-1509=F5=000067
STATE OF INDIANA VS JEFFREY SCOTT BROWN
HONORABLE JUDGE G DAVID LAUR
ACTION: ‘S' FELONY DATE FILED: 09/01/2015
ORIG FILE DT: 09/01/2015

Copy: Pros, Thonert, Defendant

MIN Date: 03/08/2016 Notice: A RJO: N
Input : 03/08/2016

DUE TO DEFENDANT CURRENTLY BEING REPRESENTED BY THE NOBLE COUNTY PUBLIC
in 57C01-1602-F5-004 the Court now re-appoints the Noble County Public
Defender’s Office in this cause.

MIN Date: 03/08/2016 Notice: A RJO: ¥
Input : 03/08/2016

MOTION TO VACATE CONVICTION AND FOR DISMISSAL FILED BY JAMES J. ABBS.
Motion granted. Conviction is set aside. Hearing set 3-24-2016 VACATED.
Defendant is“released from custody Under" this=causes

Copy: Pros, Abbs, Thonert, NCJ

MIN Date: 03/09/2016 Notice: A RJO: N
Input : 03/10/2016

MOTION TO REQUEST BOND OR TO BE O.R.ED FILED BY JEFF BROWN AND 2 LETTERS
FILED BY JEFFREY S. BROWN.


STATE OF INDIANA, COUNTY OF NOBLE, SS:
IN THE NOBLE CIRCUIT COURT, 2016 TERM

CAUSE NO. 57C01-1509-F5-67

STATE OF INDIANA

JEFFREY S. BROWN

MOTION TO VACATE CONVICTION AND FOR DISMISSAL

COMES NOW the Defendant, Jeffrey S. Brown, by counsel, James J. Abbs and
moves this Court to set aside the conviction of the Defendant and to dismiss the case against the
Defendant with prejudice on the grounds that:

(1) Defendant was convicted of criminal confinement as a Class B Felony and
Sexual Battery as a Class D Felony is Kosciusko County in Cause No. 43D01-9608-CF-227.

(2) Upon the Defendant’s release from the Department of Corrections on
February 19, 2009, the Defendant was informed and instructed by the Department of Corrections
that he needed to register as an Indiana Sex Offender pursuant to the Indiana Code.

(3) That on February 20, 2009 pursuant to the direction of the Indiana

Department of Corrections, Defendant registered as a Sex Offender in Noble County, Indi

(4) That on June 16, 2009 in Cause No. 57D01-0906-FD-122, an Information
was filed charging the Defendant with 3 counts of Failure to Register with the Sex Offender

Registry as Class D Felonies.

(5) That on October 11, 2011, the Defendant plead guilty to Count III, Failure

EXHIBIT

to Register with the Sex Urtender Registry as a Class D Felony.



(6) That on September 1, 2015, an Information was filed in Cause No. 57C01-
1509-F5-67 charging the Defendant with four (4) counts of Failing to Register as a Sex or
Violent Offender.

(7) That on January 14, 2016 the Defendant plead guilty to Count 1 and Count
2 for Failure to Register as a Sex or Violent Offender.

(8} That after a review of the applicable law and facts in the case, it has been
determined that the Defendant was not required to register as a Sex Offender as he had been
directed to do so by the Indiana Department of Corrections since the offenses to which he had
been convicted of in 1996 in Kosciusko County were not offenses which required him to file
with Sex Offender Registry.

(9) That although the law has now been amended, application of the new Sex
Offender Registry requirement violates the prohibition contained in the United States
Constitution and Indiana Constitution against ex po facto law where the Defendant, at the time
he committed his offense was not required to register as a Sex Offender.

(10) Based upon the foregoing, there was neither a factual nor legal basis for
the Plea entered by the Defendant in both the Superior Court 1 and Circuit Court causes and as
such said guilty plea and convictions should be set aside.

(11) Based upon the foregoing, the charges brought against the Defendant in
Superior Court 1 and the Circuit Court should be dismissed since there is no factual or legal basis
supporting the charges.

WHEREFORE, Defendant by counsel respectfully requests that the Court set

aside the conviction of the Defendant, that these matters be dismissed with prejudice and further,


that a copy of said Order be sent to the Department of Corrections informing them that the
Defendant is not required to register as a Sex Offender and for other relief in the premises.

Dated this _¥~ day of March, 2016.

Respectfully submitted,

NOBLE COUNTY PUBLIC DEFENDER’S AGENCY

JamefJ. Abbs

Attorney I.D. #16310-57

101 N. Orange St., Courthouse
Albion, IN 46701

(260) 636-6688

STATE’S RESPONSE TO DEFENDANT’S MOTION

COMES NOW the State of Indiana by Kelly Morris, Chief Deputy Prosecuting
Attomey and informs the Court that after reviewing Defendant’s Motion and researching the

applicable law, that the State of Indiana will not be opposing said Motion.

Dated this i day of March, 2016.

Respectfully Submitted,

SH

Kelly Morris, Chief Deputy Prosecuting Attorney