Michael D. Cundiff, Appellant-Petitioner,
State of Indiana, Appellee-Respondent.
from the Dearborn Superior Court. The Honorable James D.
Humphrey, Special Judge. Cause No. 15D01-1407-MI-62
Attorney for Appellant Jeffrey E. Stratman Aurora, Indiana
Attorneys for Appellee Gregory F. Zoeller Attorney General of
Indiana Ian McLean Deputy Attorney General Indianapolis,
Shepard, Senior Judge
Appellant Michael D. Cundiff appeals the denial of his
petition for relief from his lifetime sex offender
registration requirement. We conclude that Cundiff is
required to register, but that residence restrictions enacted
after his conviction do not apply to him.
and Procedural History
Cundiff was charged in October 2003 with child exploitation
by possession of child pornography, a Class D felony,
child exploitation by dissemination or exhibition of child
pornography, a Class C felony. In March 2004, pursuant to a plea
agreement, Cundiff pleaded guilty to the Class C charge, and
the State dismissed the D felony. In accordance with the plea
agreement, the court sentenced Cundiff in May 2004 to eight
years, with six years suspended to probation.
On October 21, 2004, Cundiff was released from incarceration.
In August 2005, the State petitioned to revoke Cundiff's
probation alleging he had possessed pornographic material.
Cundiff admitted the violation, and the court extended his
probation for one year, to October 21, 2011.
In February 2009, Cundiff petitioned to be reclassified from
lifetime sex offender registration to ten-year registration.
Following two hearings, Cundiff's petition was denied in
September 2009. Cundiff did not appeal.
Subsequently, Cundiff again sought relief from application of
the Indiana Sex Offender Registration Act (SORA) in July 2014
under a new cause number, initiating the present case. In
September 2014, the trial judge recused, and the clerk
appointed a special judge. Cundiff moved to vacate that
appointment, but his motion was denied. Following a hearing,
the court granted Cundiff's petition for relief in
In July 2015, the court granted the State's motion to
correct error and denied Cundiff's petition. This appeal
Cundiff presents two issues:
I.A threshold question: whether the court erred by denying
his request to vacate the ...