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National

MI: Felony charges dropped against Clinton Township sex offender in Ferndale

[macombdaily.com]

Felony charges have been dismissed in Ferndale against a convicted sex offender accused of failing to give his correct address and vehicle information under the state’s Sex Offender Registration law.

Joshua Owens, 26, of Clinton Township was arraigned on the two felonies in Ferndale 43rd District Court earlier this month.

Owens was convicted in Macomb County Circuit Court in 2006 when he was a minor for third-degree criminal sexual penetration with a person under 16, and second-degree criminal sexual conduct with a person under 13.

His attorney, Steve Lynch, said Oakland County prosecutors decided to drop the charges against his client Monday during a pre-exam conference at Ferndale’s courthouse.

“Prosecutors notified me they were not proceeding with the case,” Lynch said.

He indicated the decision to drop the charges is related to a recent federal court decisions that have found parts of the state’s Sex Offender Registration Act unconstitutional.

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  1. Don’t tread on me

    Never assume the depths they will go to destroy us. I just did the math…. this kid was 14 when he was charged. He was just being a stupid kid. I am not sure why this is shocking me.

    • G4Change

      “this kid was 14 when he was charged”

      If these laws save just one child, then they’re worth it! Heck, even if they destroy a million kids in the process, as long as they save just one child… [sarcasm]

  2. Bill

    Grate news!!!!!!!!!!!!!!

  3. Biol57

    “He indicated the decision to drop the charges is related to a recent federal court decisions that have found parts of the state’s Sex Offender Registration Act unconstitutional.”

    Glad to see that the county’s attorneys are thinking this way. We are steadily chipping away at these redicilous laws.

  4. cool CA RC

    I think there need to be an Action Class Lawsuit related to this case and shut down Megan’s law once and for all.

  5. Bobby

    Well as most of you know I am from Michigan, and though this is good news, the Michigan Legislature is still dragging their feet, and claiming that the 6th circuit ruling only applies to the original 6 people. That is why the Michigan ACLU is filing a Class Action Lawsuit. You would think since some courts are now following the 6th Circuit’s ruling the legislature would finally do what it was told to do and revise the stupid tegistry, or shut it down untill they fix it and remove the people they need to remove from it such as myself.

    • Robin

      If they don’t comply then the Govenor, and the legislators should be arrested, jailed, and fined for contempt of court. Simple as that.

      And since they have been notified (by the court) they can no longer claim any “good faith” clause. That opens it up for law suits seeking damages….

      File those law suits people….if you can find an attorney that is not a chicken ****. Most are and wont go after the government.

  6. Robin

    I have to wonder why this was not looked at in the Muniz v PA case. The PA Supreme Court used some of the same wording such as registry was like shaming.
    So with more and more of the higher courts following suit when will SCOTUS have a similar ruling that will change SORNA.
    SCOTUS denied appeal on this as well as PA, so it’s moving in the right direction!

    Just wish it would move faster.

    • AJ

      @Robin:
      IMO, SCOTUS won’t take a case until faced with one that does not follow Snyder or Muniz. As long as the lower courts keep ruling “correctly”, SCOTUS will not reach out to make a statement. Kinda sucks, as it means having to sue all the way through one’s State Court system or go through the Federal Circuits. But, if just one State Court of Last Resort holds to the tired old line and goes contrary to Snyder/Muniz (Yeah, I’m looking at you, FL, MS, LA, and more…), I think an appeal to SCOTUS will be accepted.

      • Robin

        @ AJ
        I just hope when and if that happens SCOTUS doesn’t look at it narrowly, and more broad like PA just did.
        I hope what ever case gets that far has attorneys that file the appeal list as much as possible so each court is looking at in in a broad spectrum.
        Once SCOTUS does it US AG/congress will have to strike the Fed regs on it. (Oh Happy Day)

  7. Josh

    Couldn’t agree with you more…I’m hoping that Michigan gets it’s act together soon. I’m in that boat too brother…I’m dreading this class action dragging out though and taking several more years….

    • Josh

      Oh yeah, I forgot…Michigan will continue dragging their feet so they can keep collecting their $50 annual fee from the roughly 45,000 of us….follow the $$$$$ people! It’s a cash cow for the state along with the federal money they get for being sorna compliant…we all know the majority of politicians don’t give a rat’s ass about the truth when they can use us to get elected under the guise being tough on crime!

      • AJ

        Based on a case out of CO(? MN?), the State might have to refund that money. I forget the case, but can probably find it if someone wants to see it. It was to do with someone who had to pay jail fees, but was later acquitted. I believe it went to SCOTUS.

        • Robin

          @ AJ

          There is also the case out of CO that went to US District where 3 different guys sued the director of CBI (the state) and won penalty and damages due to the effects of registration.
          They never did put the amount of $$ though.

        • E

          @AJ and @Robin, I’d be interested in researching this case from MN or CO. Any clues on where to start, like estimated year or names or anything? Thanks.

        • AJ

          @E:
          Here’s the case, and it was CO: https://www.nytimes.com/2017/04/19/us/politics/supreme-court-colorado-law-fines-exonerated.html

          Of course you can expect a State to say that case was different because it was to do with a criminal conviction that didn’t happen, versus our little “regulatory scheme” and it being administrative costs.

        • TS

          @AJ

          And after all of that, the people are probably too tired to sue for interest, emotional distress, etc related to chasing their own money after their convictions were found to be invalid. Just give me my damn money!

          Interesting Justice Thomas dissented, but he is of the ilk belonging to AG Sessions and Sen Shelby, both of AL, which believes civil forfeitures is a good way to keep what is not theirs for the greater good regardless it flies in the face of due process.

          Would be interesting to hear what Justice Gorsuch would have said, voted, or written.

  8. Anonymous

    There are over 2,000 non compliant “rso’s” in my state alone!!! Will they all be arrested? LOL

  9. Robin

    @ E

    https://womenagainstregistry.org/MILLARD-et-al.v.Rankin

    This is the Opinion from the Court.

    • AJ

      I was wondering what case you were referring to. Yes, Millard is a very nice case, with an eloquent reasoning and decision by a Senior District Judge….and it’s being appealed to the 10th, of course. As I’ve said many times, neither side will stop until SCOTUS hears or denies cert. The State because they’re sure this system is needed to keep the world from falling apart, and the RC because s/he would like to have some constitutional rights.

      • Robin

        Yes, I saw on the CBI web site where they announced the appeal. They sure wrote that notice to create a stir with the public, didn’t they?

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