Marty J. Wilson v. State of Indiana

Summary

The Indiana Supreme Court affirmed the denial of Marty J. Wilson’s petition to remove his sexually violent predator status and his motion to correct error. The Court held that applying Indiana’s sexually violent predator statute to Wilson did not violate the Indiana Constitution’s prohibition on ex post facto laws because he may petition annually for individualized review. The Court also provided guidance concerning when trial courts should appoint experts and hold hearings on petitions for removal of sexually violent predator status.

Holdings

1. The SVP statute does not violate the Indiana Constitution's ex post facto prohibition as applied to Wilson because he has an annual opportunity to petition for an individualized determination of whether he remains likely to reoffend.
2. The record did not establish that the trial court relied solely on the unchanging facts of Wilson's original offense or otherwise denied him meaningful review.
3. A trial court should set a hearing and appoint court-appointed experts to testify when an offender makes a prima facie showing that he no longer suffers from a mental abnormality or personality disorder presenting a substantial danger, meaning a serious and well-founded risk, that he will commit an SVP-qualifying sex offense in the future.

Questions Presented

1. Whether retroactive application of Indiana's sexually violent predator statute violated the Indiana Constitution's prohibition against ex post facto laws as applied to Wilson.
2. Whether the trial court denied Wilson meaningful review by summarily denying his petition without appointing two experts or conducting a hearing.
3. What showing entitles an SVP petitioner to a hearing and court-appointed expert evaluations on a petition for removal of SVP status.

Disposition

affirmed