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National

NJ Supreme Court Bars Retroactive Application of Megan’s Law Amendments

[law.com – 5/30/18]

The New Jersey Supreme Court on Wednesday held 2014 amendments to Megan’s Law enhancing certain penalties for sex offenders who violate parole requirements unenforceable against four defendants based on the ex post facto clauses of both the state and federal constitutions.

Read more

Related:

NJ Supreme Court finds Ex Post Facto violations as applied to 4 sex offenders [floridaactioncommittee.org – 5/31/18]

 

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  1. Eric Knight

    The story is behind a paywall. The actual decision, “State v. Melvin Hester / Mark Warner / Anthony McKinney / Linwood Roundtree (A-91-16) (079228)” can be found at the following link (PDF Download):

    https://www.judiciary.state.nj.us/attorneys/assets/opinions/supreme/a_91_16.pdf?cacheID=zw335DW

    In a nutshell: the four defendants were sentenced to Community Supervision for Life (CSL), a special sentence that followed their custodial sentence. The decision stems from the fact that additional punishment was given to the defendants after their original sentencing. Read the syllabus from the opinion, the first two pages of the link, followed by the opinion.

    It should be noted that the decision was 5-0, which means no dissent.

  2. David

    Another great win for Registrants! Another State saying retroactive application of new Megan’s Law rrstriction unconstitutionally violates ex post facto!

    (BTW, Eric, it’s free to sign-up to that website – at no cost, it’s free – and you’ll get 5 free articles per month.)

  3. AJ

    It’s pretty sad that this case had to go all the way to NJ SC. It’s clearly an increase in punishment. But only in the bizzarro RC world does a post-sentence change of parole to “for life” have to be fought so long and hard. It still astonishes me the rabid defense and pursuit of all things RC. Laws, what laws? Constitution, what constitution? *SMH*

    • Tim L

      AJ,

      The word, “life” was never uttered during my 92 Trial in Rock County, WI. THEY claim to give people a fair trial. No mention of DNA either. THEY claim to operate under due process but refused to compare the rape kit to the sample I was forced to give before they released me in 95. THEY claim to have interest in truth and justice, yet continue to convict innocents. THEY claim electronic lists are not intended to bar or ban when they clearly are and ALWAYS were.

      That the man who sold that Bill of goods to the court was made top dog is heartbreaking. You steal what you sew Mr. Roberts and I refer to liberty. Mr. Roberts is truly ignorant if he believes his claim: MACHINE NEED FOR DATA > HUMAN NEED FOR COMMUNITY.

      “Registration itself imposed no affirmative disability” save the right to remain silent.

      IMHO we’re so far down the slope we are, like our Nation Debt, too far gone to recover.

      What IS the first thing you need to centralize power? Unfettered use of a database. The elites knew it long ago.

  4. mike r

    It appears they are still subject to life on parole. That I believe is the same as life in prison. It is a life sentence of punishment so I believe there has to be extra protection such as a person receiving life in prison gets. I think they get some kind of further due process or something like capital punishment does. Not sure but it sure seems like a life sentence should require heightened scrutiny.

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